JUDGMENT

ALAGIRISWAMI, J.:—This appeal relates to the election to the Parliament from the Fazilka constituency in Punjab held on 5 th March, 1971. The Parliamentary constituency consisted of eight assembly constituencies of Malout, Muktsar, Gidderbha. Fazilka, Jalalbad, Abohar, Lambi and Faridkot. The votes were counted on 10 th and 11th of March at five different places. The counting of the votes of the Malout Assembly constituency was held on 10 th March by Mr. Aggrawal, Assistant Returning Officer, of Muktsar and Gidderbha on 10 th and 11 th by Mr. Sayal, of Fazilka and Jalalbad on the 10 th and 11 th by Mr. Mahajan of Lambi and Abohar on the 10 th and 11th by Mr. Ram Lal and of Faridkot on the 11 th by Mr. Garg. 6409 votes were declared invalid and the 1 st respondent was declared elected having secured 1,52,677 votes. The appellant obtained 1,47,354 votes. There were six other candidates about whom it is not necessary to refer.

2. A number of allegations were made in the election petition about many irregularities that took place on the date of the polling. It is not necessary to refer to them as the issues concerned with them were not pressed even before the High Court Only two issues, issues 1 and 4 were considered by the High Court and those are the issues urged before us also they are:

"1. Whether the respondent No.1 is guilty of corrupt practices specified in paras 10,20, 22 and 23 and 26 to 29 of the election petition as amended? If so, what is the effect?

4. Whether 15000 ballot-papers were invalid and were wrongly polled and counted? If so, with what effect?"

It is also necessary to refer to issues 3 and 6 for they have some relevance in discussing issues 1 and 4:

"3. Whether the petitioner is entitled to the scrutiny of the ballot papers alleged to have been illegally rejected and those of the respondent alleged to have been illegally accepted and on that account is entitled to a recount?

6. Whether the allegations made in para 7 of the petition are correct, and if so, what is the effect?"

As issue 6 was not pressed the various allegations of irregularities at the time of polling including collusion by Polling Officers and consequent false voting and stuffing of ballot boxes court not be considered. As issue 3 was not pressed recount cannot be asked for on the allegation of wrong counting of votes that is that the appellant s votes were wrongly rejected and the 1 st respondent s votes were wrongly accepted.

3. With regard to issue 1 the allegation was that corrupt practice of bribery was committed in the interest of the 1 st respondent by his brother Shri Parkash Singh Badal, who was at that time the Chief Minister of Punjab. One of the items of bribery alleged was that large sums of money were distributed to Harijans in the form of contributions towards construction of Dharamshalas for the purpose of inducing them to vote in favour of the 1 st respondent. The second allegation was that Shri Parkash Singh Badal directed Mr. Sayal, one of the Assistant Returning Officers to issue 3,304 gun licences for furthering the prospects of the 1 st respondent s election and that this was a gratification for inducing the electors to vote for the 1 st respondent. Similarly, Mr. O.P. Garg, another Assistant Returning Officer was alleged to have issued 485 gun licences in the months of February and March 1971. Shri Parkash Singh Badal was alleged to have arranged and addressed a number of meetings in various villages promising to help the voters in many ways if they would vote for his brother. There were certain other allegations of corrupt practices but the only ones canvassed before us were those relating to gun licences and grants in respect of construction of Dharamshalas to Harijans.

4. The allegations which relate to issue 4, as found in the petition, were that at least 15,000 invalid and void votes had been included and counted in favour of the returned candidate which should have been rejected and not counted at all and that in