RENU CHADHA Vs. ASHA KUMARI

JUDGEMENT

(1.) By virtue of the present petition preferred under sections 80 and 81 read with section 100 of the Representation of the People Act, 1951 (hereinafter referred to as the Act), the petitioner Smt. Renu Chadha, the defeated candidate from 51 - Banikhet Assembly Constituency of Hi -machal Pradesh vidhan Sabha, has called in question the election of the respondent, Smt. Asha Kumari, the returned candidate from such constituency.

(2.) The case of the petitioner, briefly stated, is that the respondent committed corrupt practice as envisaged under section 123(7) of the Act inasmuch as she had obtained and procured the assistance of a Gazetted Officer, namely, Shri Attar Singh, the then District Primary Education Officer, Chamba, for furtherance of the prospects of her election. It has been averred that the respondent, at the relevant time, was the Minister -in -charge of Primary Education in the government of Himachal Pradesh. She, by using her influence as such Minister, got letters of appointment issued to various persons of her constituency on 6.2.1998, 7.2.1998 and 9.2.1998 appointing them as Junior Basic Teachers and part time water carriers. It has further been averred that services of the abovenamed Attar Singh were obtained and procured by the respondent for the purpose of issuance of such appointment letters for furtherance of her election prospects.

(3.) Further case of the petitioner is that the respondent is also guilty of corrupt practice of bribery as defined under section 123(l) (A) (b) of the Act, since she had induced the electors of her constituency to vote for her by giving and offering them appointments as part time water carriers in different primary schools of her constituency. Two of such electors to whom the respondent is alleged to have bribed for their votes by giving them employment as part time water carriers are Smt. Kaushalya Devi widow of Karam Chand of village Kathlog, and Smt. Kalawati wife of Mangat Ram of village Dhura Sappar.