Y.S. PARMAR Vs. HIRA SINGH PAL

JUDGEMENT

(1.) THIS is an appeal under Section 116A of the Representation of the People Act, 1951, by Dr. Y. S. Parmar, against the decision of the Election Tribunal, Himachal Pradesh, declaring his election to the Lok Sabha, from the Mahasu constituency, as void.

(2.) THE appeal arises under the following circumstances: The election to the Lok Sabha from the double member Mahasu Parliamentary constituency took place between 25th of May and 6th of June, 1957. One of the two seats was a general seat and the other was a reserved seat. Nomination papers were filed by ten candidates, including the parties to this appeal.

(3.) THE petition was resisted by Dr. Parmar, who totally denied that any corrupt practice had been committed by him, or with his consent. According to him, the hand bills, bearing the photograph of, and the appeal by, Pt. J. L. Nehru were distributed by Congress party in connection with his election. The visits of the Maharaja of Patiala Sardar P. S. Kairon, Sarvasri M. M. Shah and Abid Ali to the constituency, on the eve of election, were not denied. His contention, however, was that they had come in response to the request made by the Congress party. Dr. Parmar stoutly denied that he had procured or obtained the assistance of any Government servant in connection with his election. As regards the alleged appointment of Amar Singh, as polling agent at Sheopur No. 13, on 25 5 1957, he pleaded that Amar Singh was not his polling agent "either in law or in fact". He further denied that the provisions of the Act and the Rules thereunder had been infringed by him or that there had been any impersonation. He also denied that the election staff 'had improperly helped him in any manner. He maintained that the account of election expenses filed by him was correct.