IMPORTANT POINT
Election of the returned candidate should not be lightly interfered with though at the same time the purity of the election process has to be maintained.

JUDGMENT

Dalveer Bhandari, J. —

1. This appeal has been preferred under section 116A of the Representation of the People Act, 1951 (hereinafter referred to as the said Act) against the judgment dated 8.12.2006 passed by the High Court of Punjab & Haryana at Chandigarh in Election Petition No. 16 of 2002.

2. The facts which are necessary to dispose of the appeal are recapitulated as under:

The Election Petition No. 16 of 2002 was filed by the defeated candidate appellant Baldev Singh Mann who lost the election from 87-Dirba (Punjab) Assembly Constituency which was held on 13.2.2002.

3. The appellant Baldev Singh Mann filed his nomination papers as a candidate of Shiromani Akali Dal (B) (for short “SAD”), whereas respondent Surjit Singh Dhiman filed his nomination papers as an independent candidate. In the election, respondent Surjit Singh Dhiman got 35,099 votes and appellant Baldev Singh Mann got 34,103 votes and consequently, the respondent was declared elected.

4. The appellant filed this election petition under sections 80 and 81 read with sections 98, 99 and 100 of the said Act before the Punjab & Haryana High Court. By a comprehensive judgment, the election petition was dismissed. Aggrieved by the said judgment, the appellant has preferred this appeal.

5. The appellant pleaded that the respondent’s election was liable to be declared void as the respondent had committed corrupt practices by obtaining and procuring assistance, for the furtherance of the prospects of his election, from Gurbachan Singh Bachhi (hereinafter referred to as “Bachhi”) and B.S. Shergill (hereinafter referred to as “Shergill”) who were in the service of the government and were gazetted officers.

6. According to the appellant, Bachhi was Administrative Member of the Punjab State Electricity Board. He was appointed on 24.12.2001 and belonged to Bhattiwal Khurd, a village falling in Dirba Constituency.

7. Shergill was posted as Deputy Director, Panchayats, Punjab and was a gazetted officer in the service of the government. He had also remained as the Additional Deputy Commissioner, Sangrur for four years and belonged to Rajpura, a village in Dirba Constituency.

8. According to the appellant, the role of Dhiman and Bachhi which amounted to corrupt practices under section 123(7) of the said Act are as under:

(A) On 23.1.2002 respondent met Bachhi at the office of Executive Engineer, Punjab State Electricity Board (P.S.E.B), Dirba at 7 p.m. in the presence of Kirpal Singh, Sarpanch of Ladbanjara Kalan and Gurtej Singh, Sarpanch of Karyal and had asked Bachhi to help him in the elections. After detailed deliberations Bachhi agreed to help and support Dhiman. From 24.1.2002 to 26.1.2002, the respondent and Bachhi were seen by Karnail Singh of Chatha Nanhera, Upender Singh Honey and Teja Singh Tiwana of Chajjli, Kashmira Singh of Karyal and Darshan Singh, Nazam Singh and Labh Singh of Dirba jointly contacting persons and asking them for their support in the elections. They had also contacted Shamsher Singh of Chatha Nanhera and Natha Singh and Harnek Singh of Chajjli and sought their support. The appellant had come to know about these facts on 27.1.2002 at 10 a.m. at Dirba from Karnail Singh, Shamsher Singh, Natha Singh, Harnek Singh, Upender Singh, Teja Singh Tiwana, Kashmira Singh and others when Parkash Singh Badal, President SAD, had come to Dirba on 27.1.2002 to address an election rally in support of the appellant. The appellant and others complained to him about the activities of Bachhi whereupon Bachhi was expelled from the primary membership of SAD for anti-party activities.

(B) Bachhi alongwith Dhiman visited Rajpura on 3.2.2002 at 11 a.m. and held a meeting at the house of Jarnail Singh where Ram Karan, Sukhdev Singh and others had also assembled. All these persons were voters of Dirba Constituency. Bachhi had taken N.S. Bhullar, an Assistant Engineer (PSEB) with him. The said Bhullar was a relative of Jarnail Singh. Bachhi threatended Jarnail Sin