MEHANGA SINGH Vs. NAR SINGH

JUDGEMENT

(1.) This writ petition can be disposed of by deciding only one of the several questions raised by the petitioner i.e. whether 'obtaining or procuring or abetting or attempting to obtain any assistance by a candidate for the furtherance of the prospects of the candidate's election as Sarpanch under the Punjab Gram Panchayat Act, 4 of 1953, as amended by the Punjab Gram Panchayat Amendment Act, 26 of 1962 which is hit by sub-section (7) of Section 3-(U) of that Act, includes the mere appointment at the relevant time or applies only to the actual working of such a polling agent so as to further the prospects of the election of the Sarpanch in question.'

(2.) What happened in this case was this Mehanga Singh, petitioner and Nar Singh, respondent No. 1 were the contesting candidates for election to the office of Sarpanch of the Gram Sabha of village Khojkipur, Tehsil and District Jullundur, which election was held on December 27, 1963. The petitioner was declared elected. His election was called in question by respondent No. 1 in an election petition dated January 27, 1964, under Section 13(c) of the Act. Out of the various grounds on which the election was sought to be set aside the first ground was in the following terms :-

(3.) Before framing issues the prescribed authority, Shri Surinder Singh, Executive Magistrate 1st Class, Jullundar, (respondent No. 3 to whom reference shall hereinafter be made as Election Tribunal) recorded the statement of the petitioner (annexure 'A') without oath wherein Mehanga Singh admitted that one Nirmal singh and another person named Nand Singh were Mehanga Singh's polling, agents for election to the village Panchayat in question. He, however, denied knowledge of Nirmal Singh being employed as a teacher in the Government School, Pharala. It is significant that no question appears to have been put to Mehanga Singh to state whether Nirmal Singh had in fact acted as his polling agent or not nor did Mehanga Singh admit that Nirmal Singh actually worked as his polling agent at the election in question. After recording the above said statement of Mehanga Singh on June 10, 1964, the Election Tribunal framed various issues out of which we are concerned with issue No. 1 alone which was as below :-