GURDEV SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) This appeal is preferred by Gurdev Singh, unsuccessful candidate in election to the Punjab Assembly from Shautrana Reserve Constituency which was held in 1977 under Section 116-A of the Represention of the People Act, 1951 against the judgment of the Punjab High Court dismissing his election petition.

(2.) The election to the Punjab Assembly from the Shutrana reserve constituency was held in June, 1977. The polling took place on 12th June, 1977. The appellant Gurdev Singh secured 22422 votes and the returned candidate Baldev Singh, the respondent, secured 22557 votes getting a majority of 135 votes and was declared elected. The election was challenged mainly on the ground that the respondent hired vehicles for carrying the votes from their respective villages to the polling booths for casting their votes which is a corrupt practice, under Section 123 (5) of the Representation of the People Act, 1951. The other grounds on which the election was challenged were that the respondent procured help of Sukhdev Singh, P.W. 13, who is a Gazetted officer of the State of Punjab, for the furtherance of his election prospects. It was also stated that the petitioner's polling agent Sher Singh, P.W. 19,was not allowed to enter the polling booth No.7 situate at village Buzarak by Shri Sukhdev Singh who was acting as the Presiding Officer of the said polling booth. It was further alleged that 50 votes were short-received by the Returning Officer from this polling booth, which were not accounted for and many votes were improperly received and many voters were disallowed to cast their votes. All the allegations were denied by the respondent. Several issues were framed by the learned Judge who tried the election petition. He decided all the issues against the petitioner and dismissed the petition.

(3.) In the appeal before us Mr. Tarkunde, the learned counsel for the appellant-petitioner confined himself to the second issued raised before the learned Judge. Issue No. 2 is as follows:-