Judgement

HIDAYATULLAH, J. :- This appeal is directed against the judgment of the High Court of Punjab and Haryana at Chandigarh, November 16, 1867 by which the section of the appellant to the Vidhan Sabha of Haryana State from the Kaithal constituency has been declared to be void. The election was held on February 19, 1967 and the result of the poll was declared on February 22, 1967. The appellant had a margin of nearly 2,000 votes over the first respondent who was the closest rival. One other candidate had also stood but we are not concerned with him in the present appeal since he has not shows any interest in it. He secured less than 1,000 votes and forfeited his security.

2. The election petition was based upon allegations of corrupt practice against the successful candidate. The gravamen of the charge was that she as a minister in the Government of Mr. Bhagwat Dayal Sharma used certain discretionary grants to bribe the voters of her constituency and in particular by paying two sums of Rs. 2,000 for the construction of two dharamshalas for the Kumhar and the Sweeper Colonies at Kaithal. There were other allegations also against her but as they have been found against the election petitioner and have not been brought to our notice we need not say anything about them. The learned Judge who tried the election petition did not accept the evidence tendered by the election petitioner to prove the corrupt practice outlined above but held on a general appraisal of the circumstances of the case that these sums were in fact paid to bargain for votes and to influence the voters in favour of the appellant. We shall now give a few facts of the case before stating our conclusion.

3. The election petition was filed on April 7, 1967. It was later amended and better particulars were supplied on July 29, 1967. In the original election petition as filed by the election petitioner it was stated that a sum of Rs. 2,000 from the discretionary grant of the appellant was paid to the Harijans of Keorak Gate, Kaithal for the construction of a Dharamshala. The allegation then was that in the beginning of January 1967 the Harijans were approached by the appellant and were asked to vote for her. They flatly refused to vote for her. Thereupon she promised to provide funds for the construction of a dharamshala in their basti and tempted by this offer they agreed to vote for her.. In regard to the other discretionary grant it was stated in the original petition that the Kumhar voters who reside in Dogran Gate, Kaithal, were also approached by the appellant in the beginning of January l967 and were asked to vote for her. When they refused to vote she promised them a sum of Rs. 2,000 for building the dharamshala in their locality. It was further pointed out that the first sum of Rs. 2,000 was paid through the Deputy Commissioner, Karnal, vide his Memo No. 78 BP-III/67/335 of January 12, 1967. The second payment was also made on the same date through the Deputy Commissioner, Karnal vide Development Department Memo No. 47-BAP-III-67/326.

4. The affidavit in support of the election petition was sworn by the election petitioner on information supplied by others and believed to be true. It was stated in the verification clause that this information was received "from my workers and believed to be true".

5. On an objection being raised that the particulars of the corrupt practice were not adequate and on the other hand vague and that the affidavit did not disclose the persons from whom the information was derived the Court ordered that better particulars be supplied and a fresh affidavit filed. The amended election petition was then filed in July, 1967. In this election petition a change was introduced. It was stated that on December 22, 1966 the Harijans were called to a Canal Rest House through one Om Prakash Shorewala, President of the Municipal Committee, Kaithal. Other members of the Municipal Staff including the Executive Officer Bhalla were also present. Amon