OM PRAKASH Vs. LALCHAND

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 19th November, 1968 of the High Court of Punjab and Haryana at Chandigarh dismissing the election petition of the appellant.

(2.) The appellant contested the Assembly seat from Ellenabad Constituency in the District of Hissar in the mid-term election held in May, 1968. The appellant challenged the election of Lalchand, the first respondent. The other defeated candidate in the election was the second respondent Prithvi Raj. The appellant obtained 15,485 votes. The successful candidate Lalchand secured 20,816 votes and Prithvi Raj obtained 5,726 votes. The polling was on 14th May, 1968. The results were announced on 16th May, 1968.

(3.) At the hearing of the appeal counsel on behalf the appellant canvassed three grounds: First, that the poster being Ex. P. W. 1/1, was against the personal character of the appellant and, therefore, constituted a corrupt practice within the meaning of sub-section (4) of Section 123 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act'). Secondly, the religious head Sat Guru Jagjit Singh of the Namdhari sect issued an appeal and a farman and thereby the provisions contained in sub-sec. (2) of section 123 of the Act are attracted. Thirdly, the respondent Lalchand is guilty of corrupt practice of bribery by having given Rs. 20,000 in cash to Prithvi Raj to contest the election.