RANDHIR SINGH Vs. RAVI INDER SINGH

JUDGEMENT

(1.) Shri Randhit Singh (petitioner) has filed this election petition under Section 80 and 81 of the Representation of the People Act, 1951, for setting aside the election of Shri Ravi Inder Singh (respondent) to the Punjab Vidhan Sabha from the Morinda Constituency No. 68.

(2.) Preliminary objection raised by the respondent in his written statement gave rise to following preliminary issues:-

(3.) Learned counsel for the respondent first took up issues Nos. 1 and 2 together. For the decision thereof, it deserves mention that as averred in the election petition, formerly the respondent was the Speaker of the Punjab Vidhan Sabha. Notwithstanding the dissolution thereof, the respondent continued to hold the said office up to the election in question. While holding the said office the respondent had discretionary grants at his disposal. In order to promote his election prospects the respondent liberally distributed the said grants in his constituency. In Paras. 5, to 8 of the election petitioner the material facts of the said corrupt practice are stated as under :-- That there is a Majri Block in the constituency of the respondent. Out of the discretionary grants sanctioned by the speaker, Punjab Vidhan Sabha 24, villages of Majri Block during and just before the period of elections, runs into lakhs and lakhs of rupees. Annexure bearing the list of villages, the amounts sanctioned for them vide details and dates of the letters, is filed here with this petition as Ep/1. That again the Deputy Commissioner, Ropar, Sh. Barjinder Singh, acting at the behest of the Speaker (respondent) distributed an amount of Rupees 98,304) as the Small Savings Award money tot the 18 village with in the limits of Majri block a part of the constituency of the respondent. A copy of the letter dated 25-1980. Issued by the Deputy Commissioner Ropar, is filed as Annexure Ep/2. That the Deputy Commissioner, Ropar, vide letter dated 14-2-1980 again acting at the behest of the Speaker (respondent) directed the distribution of the funds to the villages in the said Majri block even from the funds of the Development and Panchayat Minister. The copy of this letter by the Deputy Commissioner to deliberately improve the election prospects of the respondent, is filed as Annexure Ep/3, That furthermore the Development Commissioner, Punjab on 7-3-1980 had another Category of funds of Rs. 4 lakhs at his disposal to be utilised in the whole of the State of Punjab. Out of this amount, Rs. 2 lakhs had been sanctioned for two villages in the said Majri Block namely, Kansala and Goslan (as 1 lakh each). This was done for the same purpose at the instance ad direction of the promoting of the election prospects of promoting of the election prospects of the respondent. The state machinery has been worked up for the same sinister purpose to keep the election prospects of the respondent in view. As stated above, the speaker was the only surviving remnant of the erstwhile State Government run by the Akalis. The copy of the letter dated 7-3-1980. Issued by the Development Commissioner Punjab, a little while before holding of the election is filed as Annexure Ep/4.