MAHMOODUL HASAN Vs. THAMMAN SINGH

JUDGEMENT

(1.) This election petition is mainly directed against the election of Sri Thamman Singh to the U.P. Legislative Assembly for which elections were held on 28th May, 1980. The petitioner was also one of the candidates. The Governor's notification under section 15(2) was issued in April, 1980. May 2, 1980 was the last date for filing the nomination papers and 5-5-1980 was the date for scrutiny and withdrawals, if any. The matter concerns 19, Afzalgarh Constituency in district Bijnor. The counting was held on 3-6-1980 and the results were declared the same day. The total number of votes casts was 72,778. Out of this number, 1,666 votes were declared invalid. The petitioner received 18,521 valid votes. The respondent No. 1 Thamman Singh received 18,818 valid votes and thus he was declared elected with a margin of 297 votes against the petitioner and others. The respondent No. 1 was a candidate for the Bhartiya Janta Party, while the petitioner represented the Congress (I). It is contended that the respondent No. 2 namely Sri Sheikh Abdullah alias Sheikh Allah Bux was set up as a Dummy candidate by the Bhartiya Janta Party and he had secured a total number of 12,010 votes. It is further contended that the real name of respondent No. 2 is Sheikh Allah Bux and this name did not find mention in the Electoral Rolls and at the instance of the respondent No. 1 and the Returning Officer, he entered the name Allah Bux as an alias of Sheikh Abdullah in the nomination paper, which was accepted in spite of objections by the petitioner and other candidates and their agents. It is contended that the result of the election was materially affected by the improper acceptance of the nomination paper of the respondent No. 2. Besides the fact that Sheikh Abdullah was not an alias and his name was not mentioned in the electoral rolls, his signatures on the nomination papers were not genuine, as he signed in the name of Sheikh Abdullah alias Allah Bux, although no person of that name existed. It is further contended that if the nomination had not been accepted improperly as mentioned above, all the 12,010 votes which he received, would have been cast in favour of the petitioner, because these voters were mostly Jhojha Muslims, who had traditionally been Congress (I) voters.

(2.) In paragraph-15(b) of the petition, it is further contended that the respondent Sri Thamman Singh himself, his agents and workers with his consent indulged in corrupt practice. They appealed to voters to refrain from voting for the petitioner on the ground of religion and community and they promoted and attempted to promote feelings of enmiiy and hatred between the different classes of the citizens of India on the ground of religion and community and thus the election has been held in contravention of the provisions of law attracting sections 123(3) and 123(3-A) of the Represention of the People Act.

(3.) It is further contended, vide para 17 that in villages Bhutpuri and Hafizabad, which were predominantly Hindu villages, the-respondent No.1, his agents and workers with his consent appealed to Hindus not to vote for the petitioner as he was a Musalman. Meetings were held in both these villages about five days before the poll, in which the respondent No. 2 openly propagated hatred and enmity towards the petitioner and his community and appealed to the voters to vote for a Hindu or else another Pakistan may be formed. The meeting at Hafizabad was allegedly held at the house of Ex-Pradhan Budh Singh and the one at Bhutpuri at the Baithak of Gyan Chand. It was further contended that the result of the election of the returned candidate has been materially affected by improper reception, refusal or rejection of votes and by reception of void votes. It has also been materially affected by the non-compliance with the provisions of the Representation of the People Act and the rules and the orders made thereunder. The details of illegality in counting, accepting and rejecting of votes have been given in paragraph No. 18 of the petition. The prayer is