SHIV CHAND Vs. UJAGAR SINGH

JUDGEMENT

(1.) This appeal by Shiv Chand under S. 116-A of the representation of the People Act, 1951, hereinafter referred to as the Act, arises from a judgment of the Punjab and Haryana High court dated 25/05/1979, dismissing the election petition by which he had challenged the election of Ujagar Singh, respondent I, hereinafter referred to as the respondent, to the Punjab Legislative Assembly from the Balauna (Reserve) constituency. The election was held in pursuance of the notification which was issued under S. 15 (2) of the Act on May 11, 1977. The result of the election was declared on 14/06/1977, according to which the appellant received 18,748 votes while the respondent received 21,262 votes. The appellant challenged the respondent's election by a petition dated 29/07/1977. It was dismissed by the trial court on 12/10/1977, on a preliminary objection of the respondent. An appeal was brought to this court against the dismissal and was allowed by this court's judgment dated 31/08/1978, which has since been reported in Shiv Chand v. Ujagar Singh. The matter went back to the trial court which framed six issues on November 20, 1978, and ultimately dismissed the election petition as aforesaid.

(2.) The petition was filed mainly on the grounds that the election expenses incurred by the respondent were far in excess of the amount prescribed in S. 127 (3) of the Act, that the respondent procured the assistance of revenue officer, Vijay Kumar Ohri for the furtherance of his prospects at the election, that he offered bribe to Harijans of Villages tahliwalajattan and Burj Hanumangarh, that he published a poster in which he appealed to voters to vote for him on the ground of caste and community, that he used a car, a jeep and other vehicles for carrying voters from one village to another) and that the respondent and his election agent, with one other person, went to the house of one Mal Singh and persuaded him to withdraw from the contest by offering him Rs. 10,000. 00 as illegal gratification etc.

(3.) The respondent traversed the allegations and denied, inter alia, the allegation regarding the publication of the poster by him or his election or other agent, or the distribution thereof at the villages mentioned in the petition.