HAR SWARUP Vs. BRIJ BHUSAN SARAN

JUDGEMENT

(1.) This appeal on a certificate granted by the Allahabad High Court raises the question of interpretation of Section 82 (b) of the Representation of the People Act, No. 43 of 1951, (hereinafter referred to as the Act). The facts necessary for present purposes are these. In the election to the U. P. Legislative Assembly from Dehra Dun City constituency in 1962, Brij Bhushan Saran respondent was one of the candidates and was declared elected. One Raturi Vaid was another candidate at the same election. He however withdrew his candidature within the time fixed for withdrawal. He belonged to the same party as the returned candidate and worked for him. After the election, an election petition was filed by two electors praying that the election of Brij Bhushan Saran be set aside, and one of the grounds with which alone we are concerned in the present appeal was that Raturi Vaid had threatened an elector after the date of his withdrawal from the candidature that the elector's bones would be broken if he did not cast his vote for Brij Bhushan Saran and also did not work for him and persuade others to vote for him. The Election Tribunal held that this amounted to a corrupt practice within the meaning of S. 123(2) read with the proviso (a) (i) thereof. It further held that as this corrupt practice was committed by a candidate, namely, Raturi Vaid, it was necessary to join him as respondent to the petition. As this was not done, the Tribunal dismissed the petition under S. 90(3) of the Act.

(2.) Thereupon there was an appeal to the High Court, which upheld the view taken by the Tribunal. The High Court however granted a certificate to appeal to this Court; and that is how the matter has come before us.

(3.) It is not in dispute now that the allegation made with respect to the conduct of Raturi Vaid would amount to a corrupt practice within the meaning of S. 123(2) of the Act. What is however contended is firstly that there was no allegation of corrupt practice against Raturi Vaid, and secondly that even if that was so, Raturi Vaid could not come within the meaning of the words "any other candidate" used in S. 82(b) inasmuch as he withdrew his candidature as provided in S. 37 of the Act.