HARJIT SINGH MANN Vs. S UMRAO SINGH

JUDGEMENT

(1.) This appeal by election petitioner Harjit Singh Mann is directed against the judgment of the Punjab and Haryana High Court dated February 7, 1978, dismissing the petition by which he had challenged the election of Umrao Singh, respondent No. 1, hereinafter referred to as the respondent, from the Nakodar constituency of the Punjab Legislative Assembly. The result of the election was declared on June 14, 1977, according to which the respondent was declared elected as he secured the highest votes at the poll.

(2.) Appellant Harjit Singh Mann could not contest the election as his nomination papers were rejected by the Returning Officer on May 19, 1977, which was the date fixed for the scrutiny of the nominations. That was taken as one of the grounds for filling the election petition, the other ground being the commission of some corrupt practices by the respondent. The respondent traversed the allegations. The trial court examined some of the preliminary objections and framed eight issues. The first two issues were decided in favour of the appellant. As regards issue No. 3, the trial court held that a part of the allegation of corrupt practice which was sought to be incorporated in the amended petition, could not be taken into consideration as the amendment was applied for after the expiry of the period of limitation; and it was therefore ordered to be deleted. The correctness of the above findings has not been challenged before us. In fact we are required to consider the trial court's findings only on issues Nos. 4, 5 and 6, which have all gone against the appellant. Issues Nos. 7 and 8 have not been pressed for our consideration. We shall therefore concern ourselves with three issues (Nos. 4, 5 and 6) and deal with them one by one.

(3.) Issue No. 4 was to the following effect ;-