RAM PHAL RAGHU NATH SAHAI Vs. BRAHAM PARKASH

JUDGEMENT

(1.) THIS appeal under Section 116-A of the Representation of the People Act, 1951, arises out of an election petition filed by Shri Ram Phal, a voter, challenging the validity of the election of Shri Braham Parkash to the Parliament of India from the Delhi Sadar Constituency during the general elections held in 1957.

(2.) IT is common ground that during the general elections of 1957, six candidates contested the election to the Parliament from the Delhi Sadar Constituency, the polling of which took place on 3rd of March, 1957. The result of the polling was as follows: shri Braham Parkash 63,848 shri Shyam Charan Gupta 48,248 shrimati Gurcharan Kaur 1,360 shri Hukam Chand 1,475 shri Tribhuvan Datt Bhuvanesh 925 shri Sodhi Pindi Dass 1,151 shri Braham Parkash, as is obvious, came out successful and the present petition was filed by Shri Ram Phal, an Advocate of this Court, in his capacity of a voter in the constituency concerned. It is also common ground that Shri Ram Phal actually acted as polling agent of Shri Shyam Charan Gupta the candidate who secured the next highest number of votes. In this petition, Shri Ram Phal impleaded as respondents all the six candidates who contested the election although according to law all of them were not necessary parties Shri Braham Parkash was the only contesting respondent being respondent No. 1 and Shri Shyam Charan Gupta as respondent No. 2 put in a written statement on the merits supporting the petition. Shri Braham Parkash initially filed his written statement on 10th June, 1957 in which he raised quite a number of preliminary objections objecting to the competency of the election petition and also praying that allegations in various paragraphs of the petition be struck off on ground of vagueness and insufficiency of particulars. Respondent No. 6, Sodhi Pindi Das filed a reply on the 18th June, 1957, which is virtually a reply to the written statement of Shri Braham Parkash rather than a reply to the petition filed by Shri Ram Phal. The Election Tribunal passed an order on 18th June, 1957, on preliminary objections which arose out of the written statement of respondent No. 1 filed on 10th June, 1957, and immediately thereafter Mr. Radhey Lal Aggarwal, counsel for Ram Phal petitioner, asked for time to consider the question of putting in an amended petition. An application seeking permission to amend the election petition along with the proposed amended petition was duly filed in the Tribunal and after hearing the objections of respondent No. 1, the proposed amendment was allowed on payment of costs which were duly paid by the petitioner

(3.) ACCORDING to the amended petition, filed in the Tribunal in July, 1957, the election of respondent No. 1 was challenged on a number of grounds, the material ones for the purposes of this appeal being: