IMPORTANT POINT
The High Court was right in dismissing the election petition as appellant has miserably failed to prove the corrupt practices alleged of booth capturing and casting of bogus votes and of over-spending by any reliable evidence.

JUDGMENT

Faizan Uddin, J.-This appeal under Section 116-A of the Representation of People Act, 1951 (hereinafter referred to as the Act) has been directed against the judgment dated November 8, 1993 passed by the High Court of Punjab & Haryana at Chandigarh dismissing the Election Petition No. 13 of 1992 filed by the appellant herein challenging the election of the returned candidate S. Gurcharan Singh, the first respondent.

2. The election for Punjab Legislative Assembly was held in February, 1992. The appellant was sponsored by Shriromani Akali Dal as a candidate from 87-Dirba Constituency while the respondent No. 1 S. Gurcharan Singh was fielded by the Congress party and the respondent No. 2 Chet Singh was a candidate set up by Bahujan Samaj Party. The respondent No. 3 S. Amarjit Singh contested the election from the said constituency as an independent candidate. The date of polling was February 19, 1992 and the result was declared next date i.e. on February 20, 1992 according to which the respondent No. 1 secured the highest number of votes having polled 3072 votes while the appellant had secured only 2624 votes. The respondent No. 2 had polled 1925 votes and the respondent No. 3 polled only 75 votes. The respondent No. 1 having secured higher number of votes was declared elected from 87-Dirba Constituency.

3. The appellant challeged the election of the returned candidate, respondent No. 1 herein by presenting an election petition under part VI of the Act for declaring his election as void and to declare the appellant himself as duly elected candidate for the said constituency in place of the first respondent. The appellant called in question the election of the respondent No. 1 on the allegations that he had indulged in the commission of the corrupt practice of booth capturing by himself and through his agents within the meaning of Section 123(8) read with Section 135A of the Act. The details of the allegations with regard to various booth capturing are pleaded in sub-paras I, II, III, IV, V and VI of para 3 of the election petition which have also been reproduced verbatim by the High Court in the impugned judgment. It is, therefore, not necessary to catelogue all those allegations herein again.

4. The second ground on which the appellant based his election petition challenging the election of the first respondent was that the respondent No. 1 had in fact spent over Rs. 2.00 lacs on his election in violation of the ceiling limit on expenses provided under Section 77 of the Act read with rule 90, which also amounts to corrupt practice within the meaning of Section 123(6) of the Act. The appellant has alleged that the Return of expenses filed by the first respondent was totally false as bills filed by him were grossly under valued not representing the correct price and quantity of goods purchased and services hired by him. He also alleged that the first respondent concealed various expenses which were actually made from 31.1.1992 to 20.2.1992 but were not included in the Return. The details of alleged items of expenses which are alleged to be not included in the Return are stated in sub-paras I, II, III, IV & V of para 4 of the election petition which have also been reproduced verbatim by the High Court in the impugned judgment and therefore it is not necessary to mention their details herein again.

5. The respondent No. 1 resisted the election petition by specifically traversing all adverse aliegations made against him. He specifically denied to have indulged or committed any of the corrupt practices of booth capturing either by himself or through his agents. He also denied the allegation with regard to the election expenses exceeding the prescribed limit or the under valuation of the bills or concealment of any expenses which were actually made by him or his election agent.

6. The High Court on the basis of the pleadings of the parties framed the following issues :

(1) Whether the election of respondent No. 1 is