HARI RAM SRI HARKESH Vs. ELECTION TRIBUNAL MUZAFFARNAGAR

JUDGEMENT

(1.) THIS petition has been filed for the issue of a writ in the nature of certiorari to quash the order of the Election Tribunal dated 1-11-1966 dismis sing the Election Petition No. 2 of 1965 filed by Hari Ram against the election of Habibullah as the Chairman of the Town Area Committee Shahpur held on 11-11- 1964.

(2.) THE result of the election was dec lared on 12-11-1964. At the election Habibullah secured 952 votes, Hari Ram petitioner 938 and Mohd. Husain Khan secured 425 votes. Habibullah was dec lared elected. The contention of the elec tion petitioner was that Habibullah him self and through his workers, agents and supporters had canvassed for the votes on the ground of religion and community and such canvassing had affected materially the result of the election. He had also challenged the election on the ground that certain votes of his had been wrongly re jected while some cast in favour of Habibullah had been wrongly included. Habibullah, respondent No. 2, denied the allegations of the petitioner and also raised objection to the votes secured by Hari Ram and rejected qua him. The Election Tri bunal on a final scrutiny held that there was mistake and after adding and deduct ing the disputed votes, held that 934 votes were validly cast in favour of Hari Ram and 936 votes in favour of Habibullah. On the plea of inducing the voters to cast votes in favour of Habibullah and to refrain from casting votes in favour of Hari Ram on the ground of religion and sect, the finding of the Election Tribunal was that, "Habibullah and his supporters had as against the petitioner canvassed for the votes of about 50 to 60 voters on the ground of religion and community at the meeting held on the day preceding the election in the Thateron Wali Masjit." But taking the view that mere canvassing could not amount to the corrupt practice of inducing or attempting to induce the voters in giving or refraining from giving their votes in favour of the candidate on the ground of sect, caste or sub-caste within the meaning of Cl. (iv) of R. 49 of the rules regarding election to Town Areas, the Tribunal dismissed the Elec tion petition. In taking this view of law the Election Tribunal relied on the mi-reported decision of this Court in Civil Misc. Writ No. 1137 of 1966, Sajid Husain V. Narain Das, D.00 5-9-1966 (All).

(3.) THE learned counsel for the peti tioner confined his case to the plea that the Election Tribunal was in error in holding that canvassing in the circum stances of the present case did not amount to corrupt practice within the meaning of Clause (iv) of Rule 49. Np other point was raised.