LAWS(P&H)-1999-6-7

NAND SINGH Vs. AJIT INDER SINGH

Decided On June 03, 1999
NAND SINGH Appellant
V/S
AJIT INDER SINGH Respondents

JUDGEMENT

(1.) Petitioner Nand Singh, a resident of village Danewala and enrolled as a voter at serial No. 83 part 66 of 117 Sardulgarh Assembly Constituency (for short to be referred as 'Constituency') seeks the setting aside of election of respondent Ajit Inder Singh son of Pritam Singh, resident of village and P.O. Moffar, Tehsil Sardulgarh, District Mansa as member of the Legislative Assembly of the State of Punjab from the aforesaid constituency and further to hold the respondent guilty of committing corrupt practices under Section 123(8) of the Representation of People Act, 1951. He also seeks a declaration to the effect that the respondent aforesaid was disqualified for a period of six years because of committing corrupt practices.

(2.) General elections for member of the Punjab State Legislative Assembly were held on 7-2-1997. The time scheduled for polling was from 7.30 a.m. to 4.30 p.m. respondent Ajit Inder Singh contested the election from the said Constituency of Sardulgarh. Shri Viney Partap Singh son of Gurprem Singh, resident of Abul Khurana was the election agent of the respondent. Gurpreet Singh alias Gurry and Karam Singh were the polling agents of the respondent at Polling Booth No. 66-A of village Danewala. Shri Sukhjiwan Singh, a Teacher of Mathematics of the Government Senior Secondary School, Jhuneer was the Presiding Officer of Booth No. 66-A aforesaid.The other polling staff on duty at the said polling booth comprised of Ranjit Singh, Punjabi Teacher of Government Middle School, Dhinger, Shamsher Singh, J. B. T. Teacher of Government Primary School, Raipur and Anil Kumar, Clerk of the Office of Deputy Director, Animal Husbandry, Mansa. Balvinder Singh Bhundar was a candidate of Shiromani Akali Dal who contested the election from the Constituency aforesaid. It was alleged in the petition that at about 4.00 p.m. on the date of polling i.e. 7-2-1997 at polling booth No. 66-A situated in Government Primary School, Danewala, Shri Viney Partap Singh, the election agent of the respondent Ajit Inder Singh accompanied by Gurpreet Singh alias Guri son of Shri Raghbir Singh resident of Makhewala, Tehsil Sardulgarh District Mansa, Balvinder Singh son of Surjit Singh and Sukhvinder Singh son of Bant Singh, both residents of village Moffar and two gunmen, namely, Gurnam Singh son of Jung Singh alias Jungeer Singh, P. S. Lambi, resident of Arniwala and Balvidner Singh son of Purna Singh, resident of Rattakhera now resident of Abul Khrana clad in Police uniform came on a Tata-Sumo vehicle which displayed no number. On the number plate of the said Tata-Sumo it was mentioned as 'A/F'. Viney Partap Singh aforesaid and his companions forcibly entered the polling booth No. 66-A and snatched the ballot papers from the Presiding Officer Sukhjiwan Singh aforesaid. Gurpreet Singh alias Guri started putting the stamps on the ballot papers in favour of respondent Ajit Inder Singh against his election symbol 'Sun'. Karam Singh, the polling agent of the respondent and two other agents of the Congress and CPM candidates who were present on polling booth No. 66-A folded the ballot papers and put the same in the ballot boxes. The polling agents aforesaid affixed thumb impressions on the counter-foils of the ballot papers. It was also alleged that Viney Partap Singh, who is the nephew (Bhanja) of the respondent Ajit Inder Singh, was armed with a revolver and held the same in his hand and asked the Presiding Officer and other polling officers aforesaid who were on duty and also Darshan Singh son of Dalip Singh, polling agent of Shri Balvinder Singh to stand quiet on one side of the polling booth and threatened to kill them if they tried to interfere. The Presiding Officer, polling officers and the polling agent aforesaid were considerably frightened. The two gunmen accompanying Viney Partap Singh had stopped the security personnels and voters from entering into the polling booth 66-A. The petitioner alleged that about 89 votes were forcibly marked and put in the ballot boxes. These 89 ballot papers did not have the signature of the Presiding Officer. After the said booth capturing, Viney Partap Singh and his companions and gunmen made their escape good in the said Tata-Sumo vehicle by firing in the air. The security personnels had tried to prevent them from fleeing from the polling booth aforesaid but they could not stop them.

(3.) After Viney Partap Singh and his companions and gunmen ran away from the polling booth aforesaid, the polling staff collected the whole record of the election and the Presiding Officer made a mention about this incident in his Presiding Officer's diary. FIR No. 9 regarding this occurrence was lodged at Police Station Jhuneer under Sections 353, 186, 188, 336, 506, 148, 149 of the Indian Penal Code and Sections 25 and 27 of the Arms Act and under S. 135-A of the Representation of the People Act. The averments made in the FIR were re-produced in para 5 of the election petition, which read as under :