JAI SINGH Vs. RAMSINGH

JUDGEMENT

(1.) A preliminary objection has been raised by Mr. Mehta during the course of cross-examination of D. W. 1 Ram Singh, the returned candidate from the Churu Parliamentary Constituency in this election petition filed by Shri Jai Singh, defeated candidate that the petitioner may not be permitted to ask the questions in the cross-examination relating to the Additional Pleas and Recrimination Petition filed by the respondent Shri Ram Singh.

(2.) MR. Singhvi, learned counsel for the petitioner has submitted that he is entitled to ask these questions as the Additional please and the recrimination petition are part of this election petition and according to Sections 145 and 138 of the Evidence Act, 1872, he has right to cross-examine the witness and impeach his credibility.

(3.) SECTION 97 of the Act of 1951 says that if an election petition is filed praying that the election of the returned candidate may be declared void and a declaration that any candidate other than the returned candidate has been duly elected is claimed then the returned candidate has a right to file a recrimination petition that in the event of the defeated candidate is declared elected then he will also have a right to lead evidence to show that the election of such candidate so declared is illegal and for that he will have to file a recrimination petition within fourteen days from the date of commencement of the trial after giving notice to the High Court of his intention so to do and he has also to give the security and the further security referred to in SECTIONs 117 and 118 respectively. Such notice shall be accompanied by the statement and particulars required by SECTION 83 as required in the case of the election petition and shall be signed and verified in the like manner. The sum total of this section is that a returned candidate if he is served with a notice that one of the defeated candidates wants to file an election petition and seeks a declaration in his favour then in that event he is also entitled to impeach the candidature of that candidate in the manner in which an election petition is filed. Therefore, this section caters the contingency that in case the defeated candidate is declared elected then the right of that candidate who is unseated by the court cannot be deprived to challenge the candidature of the candidate so declared by the court for impeaching the same on any of the grounds which he could have challenged. Thus, the examination of the recrimination petition always comes subsequent to the happening of the first event that the court declares the defeated candidate as an validly elected candidate from that constituency. The recrimination petition is a form of election petition against the other candidate but this comes into picture only if the first contingency happens that the election of the duly elected candidate is set aside and the defeated candidate is declared elected by the court.