S GURMEJ SINGH Vs. S PRATAP SINGH KAIRON

JUDGEMENT

(1.) This appeal by special leave raises the question of true construction of the provisions of S. 123(7) of the Representation of the People Act, 1951, (hereinafter called "the Act"). The material facts may be briefly stated:Sardar Gurmej Singh, the appellant, Sardar Pratap Singh Kairon, the present Chief Minister of the State of Punjab and respondent herein, and others were the contesting candidates in the general election held in February 1957 from the Sarhali constituency. The respondent secured the highest number of votes and was duly declared elected to the Punjab Legislative Assembly. On 11-4-1957, the appellant filed an election petition (Election Petition No. 22 of 1957) for the declaration that the election of the respondent was void under Section 100 of the Act. It was, inter alia, alleged by him that the respondent and his election agent had appointed a number of persons as the respondent's counting and polling agents at different centres and that the said persons were, at the material time, working as lambardars, and, therefore, the respondent was guilty of corrupt practice within the meaning of S. 123 of the Act. The respondent denied the material allegations made in the petition. On the pleading as many as 12 issues were framed, and issues 3 and 8 were taken up for trial as preliminary issues. Issue 8, which is the only relevant issue for the present enquiry, reads:

(2.) Mr. N. C. Chatterjee, the learned Counsel for the appellant, contends that a lambardar is both a revenue officer and village accountant within the meaning of cl. (f) of sub-s. (7) of S. 123 of the Act, and, therefore, the respondent in engaging the lambardars as his counting and polling agents for different centres in his constituency, was guilty of a corrupt practice. On the other hand, Mr. Pathak, the learned Counsel for the respondent, contends that a lambardar is neither a revenue officer nor a village accountant within the meaning of the said clause.

(3.) The question raised turns upon the relevant provisions of S. 123 of the Act. The said Section reads: Section 123. Corrupt practices. - The following shall be deemed to be corrupt practices for the purposes of this Act:-