Judgment

SARKARIA J.:- Ch. Rizak Ram, Ch. Jaswant Singh Chouhan and three others, contested the election to the Haryana Vidhan Sabha from Rai-37 Haryana Vidhan Sabha Constituency. The poll was held on March 11, 1972. The result was announced on March 13. 1972. Ch. Rizak Ram was declared elected having secured 19631 votes as against 18072 polled by Ch. Jaswant Singh, his nearest rival.

2. Ch. Jaswant Singh, respondent (to be called the petitioner hereafter) filed an election petition under the Representation of the People Act, 1951 (herein" after called the Act) challenging the election of the appellant on various grounds, of which the following only survive for the purpose of this appeal :

(a) The returned candidate hired on payment of Rs. 200/- or procured otherwise than on payment. Truck No. HRR - 5167 belonging to Lakhi Ram son of Hira, resident of Turakpur and on March 11, 1972, used that vehicle for the free conveyance of electors named in Sch. A annexed to the election petition, from village Turakpur to the Polling Station at Mandaura (vide Paras. 7 (i) and (ii) and 13 of the petition);

(b) The returned candidate or his agent Sube Singh, Jat resident of Kheri Mana and /or Om