Judgment

GROVER, J.: This is an appeal from a judgment of the Punjab & Haryana High Court dismissing a petition filed by the appellant challenging the election of respondent No. 1 Bhagwandas to the Haryana Legislative Assembly from the Ambala Cantonment constituency.

2. The last date for filing the nomination papers was April 17, 1968 in the mid-term election which was held from the aforesaid constituency. The scrutiny of nomination papers took place on April 18, 1968. The polling took place on May 14, 1968 and the result was declared on the following day. Respondent No 1 who belonged to the Jan Sangh Party got 13,009 votes whereas the appellant, who belonged to the Congress Party, polled 11,606 votes. There were certain other candidates also but it is unnecessary to make any mention about them or about the number of votes obtained by them.

3. The election of respondent No 1 was challenged mainly on grounds of corrupt practices of bribery, undue influence, treating of voters, free conveyance of voters to and from the polling station, publication of posters making a religious appeal to the electorate by respondent No. 1 and the filing of a false return of election expenses by him These allegations were denied by respondent No. 1. A number of issues were framed and a good deal of evidence was led by both sides.

4. We shall deal only with the determination of the questions which have been agitated before us. The first matter which has been argued before us arises out of issue No 1 (i). It related to the commission of the corrupt practice of bribery by respondent No. 1, approaching Sant Singh Sethi on May 8, 1968 with a view to getting his support and later paying Rs. 501/- on May 12, 1968 to Punjabi Gurdwara as detailed in para 6 of the petition. It was alleged, inter alia, that after Sant Singh Sethi had been approached for securing the support of Sikh voters and after payment of Rs. 501/had been made on May 12, 1968 Akhand Path was held in the Gurudwara. The Bhog of the Akhand Path took place on May 12, 1968 in the presence of respondent No. 1 It was announced in the congregation by Kuldip Singh, a member of the Gurudwara Executive Committee, that the Akhand Path had been performed for the purpose of wishing success to respondent No. 1 and securing the support of Sikh voters for his election which he was contesting from the Ambala Cantonment constituency. The following portion from the petition may be reproduced in original:

"It was also announced there that he had donated a sum of Rs. 501/- for the building funds and for this Akhand Path. The appeal was made to the congregation to see that the respondent No. 1 was successful in the election The appeal was also made to the congregation to cast their votes in favour of the respondent No. 1 and to ask their friends and relatives to vote for the respondent No 1. After this announcement, Ardas was recited and there also mention was made in the congregation regarding the donation of Rs. 501/- for the Gurdawara building and for the Akhand Path and other prayers were made for the success of respondent No 1. It was further said in the Ardas that Guru Maharaj may persuade the Sikh voters to vote for the respondent No. 1."

5. In his written statement respondent No. 1 denied having made any donation of Rs. 501/- to the Gurdawara or of approaching Sant Sangh Sethi for support of Sikh voters as alleged. All that was admitted was that the Akhand Path was held at the instance of respondent No. 1 in the normal way the Bhog of which took place on May 12, 1968, It was denied that Kuldip Singh made any announcement of the nature alleged or that it had been made with the consent or at the request of respondent No. 1.

6. Sant Singh Sethi appeared as P. W. 61. According to him respondent No. 1 had come to him on May 8, 1968 and had requested him to help him in the election. Respondent No. 1 was advised by him to have an Akhand Path performed in the Gurdwara and contribute something for its construction. Re