VINOD Vs. KIRPAL SINGH

JUDGEMENT

(1.) Briefly the facts are that the general elections to the Punjab Vidhan Sabha were held in September, 1985. The parties to the petition and four other candidates contested the election from the Kapurthala Constituency. The petitioner was sponsored by Akali Dal (Longowal) and respondent 1 by Indian National Congress (I). The total votes polled in the election were 49,894 out of which the petitioner secured 12460 votes whereas respondent 1, 17072 votes and respondent 2, 10919 votes. The other candidates received votes varying from 522 to 6348. Respondent 1 was declared as elected on 26th September, 1985.

(2.) It is alleged that respondent 1 and respondent 2 belong to Jat Sikh Community and are related to each other. Respondent 2 fought and won the election from this Constituency in the general election held in 1980 on Akali Dal ticket. Respondent 1, Who was not given ticket by the Congress, supported him against the Congress candidate in that election. This time respondent 2 was denied the party ticket by Akali Dal (L), and he supported respondent 1.

(3.) In para 6 of the petition it is stated that respondents 1 and 2 helped each other and respondent 2 did his best so that respondent 1 might come out successful. Respondent 1 provided the finances for election campaign of respondent 2.