GURTEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in this writ petition under Articles 226/227 of the Constitution of India is directed against the orders of the Government dated January 5, 1982, whereby the election of Raghbir Singh, Respondent No. 3, to the membership of Municipal Committee, Gidderbaha, was declared as valid.

(2.) Elections to Municipal Committee, Gidderbaha, were held on July 29, 1979. Gurtej Singh, Petitioner, and Raghbir Singh, Respondent No. 3, were candidates from ward No. 4. In the elections, Raghbir Singh polled 528 votes, whereas the petitioner obtained 488 votes. Raghbir Singh was declared elected.

(3.) Gurtej Singh, petitioner, filed an election petition challenging the election of Respondent No. 3. The petitioner inter alia pleaded that Raghbir Singh was the President of the Municipal Committee, Gidderbaha, prior to the holding of the elections. In a meeting held on July 28, 1979, Raghbir Singh allotted plots belonging to the Municipal Committee, to the voters of Ward No. 4 and tried to influence their votes. The plots were allotted illegally in contravention of rules and meeting of the committee was convened in violation of the procedure prescribed for the purpose and thereby Respondent No. 3 had given the plots by way of a bribe to the voters to vote for him.