MOOL CHAND Vs. RULIA RAM PANNA LAL

JUDGEMENT

(1.) THE appellant's election petition against the return of Shri Rulia Ram respondent 1, to Punjab Legislative Assembly from Gharaunda Constituency at the last elections, has been Dismissed by the learned Tribunal by its order of October 29, 1962, under Sub-section (3) of Section 90 of the Representation of the People Act, 1951 (Act 43 of 1951) on the ground of non-compliance with Section 82 in that Shri Jai Singh and Shri Zila Singh were necessary parties under that section and have not been impleaded as respondents to the election petition in these circumstances.

(2.) THE appellant impleaded Shri Rulia Ram as respon dent 1 and Shri Ram Samp as respondent 2 to his election petition. In paragraph (d) (iv) (1) the appellant made this charge of corrupt practice against respondent 1 and Shri Jal Singh-" (D) That your humble petitioner asserts that the election of respondent No. 1 as member of the Legislative Assembly is void and is liable to be declared as such on the following grounds - (iv) that respondent No. 1 himself and through his Election Agent and other persons acting with his consent committed the corrupt practice of bribery in the form of - (1) offering gratification to respondent No. 2 as a reward for having stood in the election and for not withdrawing till the date of election and to Shri Jai Singh candidate who withdrew his name as a reward for supporting his brother in the neighbouring constituency of Samalkha by respondent No. 1. " In annexure 1 to the election petition are given particulars of bribery and paragraph 2 says -

(3.) IN the Act Section 82 provides