SHIV CHAND Vs. UJAGAR SINGH

JUDGEMENT

(1.) IT is necessary to state the relevant facts in chronological order in order to decide the preliminary issues.

(2.) IN the recent General Elections held in June 1977, the petitioner, the respondent, seven persons mentioned in Para 3 of the election petition and one Mal Singh filed their nomination papers with a view to contest the election from the Baluana constituency of the Punjab Legislative Assembly. All of these, except Mal Singh, seem to have conested for the seat. Shri Mal Singh who was also a duly nominated candidate, did not choose to contest. He withdrew his candidature within the prescribed period. Eventually as a result of poll, the respondent was returned from the constituency. His election has now been called in question by the petitioner by means of election petition. The grounds on which it is challenged are many. Commission of various corrupt practices by himself, through his agents and other persons have been alleged in the petition. I need not refer to all of them fir, at this stage, I am concerned only with the allegation contained in the petition in relation to Shri Mal Singh who is not a party to this proceeding. At page 12 of the petition, the petitioner in this behalf has stated thus:- "22. That Shri Mal Singh son of Guhla Singh, Majhabi Sikh of village Bahadur Khera was also a candidate from this Constituency. He had earlier applied for Akali Ticket but the Akali High Command allotted the ticket to the petitioner. In revolt against the decision of the Akali High Command, Shri Mal Singh decided to contest as an independent candidate against the petitioner. Since he is a Majhabi Sikh, he would have affected the votes of respondent Ujagar Singh who is also a Majhabi Sikh. The respondent along with Shri Ram Lal, his election--agent, Gurcharan Singh of village Bahadur Khera and Baldev Singh of village Kala Tiba, went to the house of Mal Singh at village Bahadur Khera on 20-5-1977 at or about 8 P. M. A meeting took place at the residence of Mal Singh and he was asked by the respondent to withdraw from the contest in his favour. The respondent appealed to Mal Singh that both of them belong to the same community i. e. Majhabi Sikh and the Akali Dal had been very unfair to Shri Mal Singh by denying the ticket to him. The respondent thus tried to make a common cause with Mal Singh on the basis of caste and community and asked him to withdraw in the name of caste and community. Shri Mal Singh replied that he was a poor man and had spent a few thousand rupees in running about for getting the Akali ticket. On this Ujagar Singh respondent took out Rs. 10,000.00and handed over the same to Shri Mal Singh and said that this amount was a compensation for his withdrawal from the contest in his favour i. e. Ujagar Singh. In pursuance of the appeal made by the respondent in the name of caste and community and the bribe of Rupees 10,000.00Shri Mal Singh withdrew from the contest the next day on 21-5-1977 in favour of Ujagar Singh, respondent. "

(3.) ON the 8th of September, 1977, Civil Misc. Application No. 14--E of 1977 under O. 1, R. 10 (2) read with O. 6, R. 17 and S. 151, Civil P. C. , was filed on behalf of the petitioner praying that Shri Mal Singh son of Shri Gulu Singh, resident of village Bahadur Khera, Tehsil Fazilka, District Ferozepur be ordered to be impleaded as respondent No. 2 in the election petition, or in the alternative, para. 22 of the election petition be ordered to be deleted. On September 9, 1977, I gave notice of this application to the counsel opposite for 15th of September, 1977. Another application Civil Misc. No. 15--E of 1977 was filed on 8th Sept. , 1977 under S. 86 (4) of the Representation of the People Act, 1951 (hereinafter referred to as the Act) on behalf of Shri Mal Singh in which a prayer has been made that the applicant be ordered to be impleaded as respondent in the election petition. This application came up for hearing before me on September 13, 1977 in which notice to the learned counsel opposite was issued for September 15, 1977.