Y S PARMAR Vs. HIRA SINGH PAL

JUDGEMENT

(1.) This appeal arises out of an election petition filed by the respondent No. 1, Hira Singh Pal, whom we shall hereinafter refer to as the respondent. The other respondent to this appeal is the Election Commission, but it has not appeared presumably because it is not interested in the result of the appeal which involves no claim against it. The only question that it involves is whether the appellant was guilty of a corrupt practice, the details of which will be set out later, within the meaning of S. 123(7) of the Representation of the People Act, 1951.

(2.) In the 1957 General Elections, ten candidates filed their nomination papers to contest the election from the Mahasu double member constituency in Himachal Pradesh. One of the two seats for this constituency was reserved for a scheduled caste candidate. Two of the candidates withdrew from the contest and the remaining eight went to the poll. These eight included the appellant, the respondent and one Nek Ram. Nek Ram was declared elected to the reserved seat and the appellant to the general seat. The respondent polled the next largest number of votes to the appellant.

(3.) After the results had been declared the respondent filed the election petition on 3rd August 1957, challenging the validity of the election of the appellant on the ground that he had committed various corrupt practices. The Election Tribunal framed 18 issues in respect of the various corrupt practices alleged in the petition but answered all the issues excepting issues Nos. 8(i), 8(ii) and 11 against the respondent. Issue No. 8(i) raised the question whether one Amar Singh, said to be a member of the armed forces of the Union of India, worked and canvassed for the appellant. Issue No. 8(ii) was whether Amar Singh was appointed his polling agent by the appellant. Issue No. 11 was in the following term :