MANI RAM Vs. SURINDER KUMAR

JUDGEMENT

(1.) FATAL to a petition seeking to set aside an election on the ground of corrupt practice, is the lack of material facts and particulars pertaining to such corrupt practice, and such is precisely the case here, where the challenge is to the election of Surinder Kumar respondent-I to the Vidhan sabha Haryana from the Kaithal Assembly Constituency, in the Elections held in May, 1991.

(2.) THE successful candidates Surinder Kumar obtained 17190 votes while his nearest rival Charan Dass got 16753. Surinder Kumar was consequently declared elected with a margin of 437 votes.

(3.) ACCORDING to the petitioner Mani Ram, a voter in the said constituency, the successful candidates Surinder Kumar had committed the corrupt practice of bribery as defined in Section 123 of the Representation of the People Act, 1951 (hereinafter referred as 'the Act") by distributing money for the purpose of inducing voters to vote for him. It was averred in this behalf that Surinder Kumar had given Rs. 25,000/- to Sat Pal son of Shri Chand and Sat Pal son of Tek Chand for distribution in a Harijan Colony for getting votes for himself. This money was given at 132/ 5, Siwan Gate, Kaithal at about 10 p. m. on May 19, 1991. This amount was given in the presence of Subhash Malhotra. Both the Sat Pals had been asked by Surinder Kumar to distribute this money amongst persons who promised to vote for him. The two Sat Pals thereupon went to Arjun Nagar Locality and contacted Balwan Singh and Ram Saran. They went around the locality and called the male members to assemble near the house of Balwan Singh. About 15/20 minutes later, a crowd of over 250 persons gathered there. Sat Pal alias Pala addressed them saying that he had come there at the behest of Surinder Kumar, who had sent them to help his Harijan brothers. He then said that those who promise to vote for Surinder Kumar would be paid Rs. 100/- each. He thereupon asked those who wanted money and promised to vote for Surinder Kumar to raise their hands. Many people did so. They were then called one by one and given Rs. 100/- each after they had promised to vote for Surinder Kumar. According to the petitioner, he learnt of this from Sat Pal son of Shri Chand at his residence at about 5 p. m. on June 17, 1991.