AMAR SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS is an appeal against the order of an Election Tribunal dismissing the election petition filed by Ch. Amar Singh, appellant, challenging the election of the respondents, Balbir Singh and Karam Chand,to the Punjab Legislative Assembly from the Hoshiarpur constituency in the last general elections. In the Hoshiarpur constituency two members were to be elected, one for the general seat and one for the seat reserved for the Scheduled Castes. Out of the eight candidates whose nomination papers were accepted one of the four who stood for the general seat, Lachhman Singh, retired from the contest before polling day, which was the 1st of March, 1957. Votes were counted on the 2nd of March and the result declared on the 3rd of March. The result of the polling was that Balbir Singh headed the poll with 41,399 votes and was declared elected for the general seat while Karam Chand polled 31,961 votes and was declared elected for the reserved seat. The appellant, who was a candidate for the general seat, polled 26,806 votes and he has challenged the election of the two successful candidates on various grounds, the nature of which is indicated in the following issues framed by the Tribunal:

(2.) IN a lengthy judgment the Tribunal after examining the evidence produced has found that no corrupt practice as alleged has been established against either of the respondents and the petition was dismissed.

(3.) BEFORE us the learned counsel for the appellant has not attempted to attack the findings of the Tribunal on the first three issues relating to alleged acts of bribery by Balbir Singh respondent. One of his main attacks on the order of the Tribunal related to issue No. 8, regarding which the allegations in the petition were as follows: