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2006 Supreme(P&H) 4462
PUNJAB & HARYANA HIGH COURT
K.S.Garewal, J.
Baldev Singh Mann
Versus
Surjit Singh Dhiman
Election Petition No. 16 of 2002,
Decided On : DECEMBER 8, 2006
The judgment emphasizes the high burden of proof required to establish allegations of corrupt practices under the Representation of the People Act, 1951, and the need for clear, precise, and credible evidence to support such allegations.
Headnote:
ELECTION PETITION - CHALLENGE TO ELECTION - Representation of the People Act, 1951, Sections 80, 81, 98, 99, 100 - The court discussed the allegations of corrupt practices under Section 123(7) of the Act, involving obtaining assistance from government officials for the furtherance of the candidate's election prospects. The court analyzed the evidence presented by the petitioner and the respondent to determine whether the alleged actions constituted corrupt practices under the Act.
Fact of the Case:
The defeated candidate filed an election petition challenging the election to the 87-Dirba (Punjab) Assembly Constituency held on February 13, 2002, alleging that the winning candidate had obtained assistance from government officials for the furtherance of his election prospects, constituting corrupt practices under the Act.
Finding of the Court:
The court found that the evidence presented by the petitioner was insufficient to establish that the winning candidate had obtained assistance from government officials in a manner that constituted corrupt practices under Section 123(7) of the Act. The court dismissed the petition, upholding the election result in favor of the winning candidate.
Issues: The court considered the verification of the election petition, the sufficiency of material facts, the completeness of the petition, the cause of action, and whether the winning candidate obtained assistance from government officials for the furtherance of his election prospects, constituting corrupt practices under the Act.
Ratio Decidendi: The court held that the evidence of corrupt practices presented by the petitioner was not strong enough to upset the election result in favor of the winning candidate. The court emphasized the high burden of proof required to establish allegations of corrupt practices under the Act.
Final Decision: The petition was dismissed with costs quantified at Rs. 10,000.
1. This election petition was filed by the defeated candidate to challenge the election to 87-Dirba (Punjab) Assembly Constituency which was held on February 13, 2002.
ELECTION PROGRAMME
January 18 Baldev Singh Mann filed his nomination papers as candidate of Shiromani Akali Dal (B).
January 22 Surjit Singh Dhiman filed his nomination papers as an independent candidate.
January 23 Last date for filing nomination papers.
January 25 Scrutiny of nomination papers.
January 28 Last date for withdrawal of nomination papers.
February 13 Polling of votes was held from 8 a.m. to 5 p.m. with electronic voting machines.
February 24 Counting of votes.
RESULT
Surjit Singh Dhiman 35099 votes
Baldev Singh Mann 34103 votes
ELECTION PETITION
2 The petition under Sections 80 and 81 read with Sections 98, 99 and 100 of the Representation of the People Act, 1951 (hereinafter referred to as the Act ) was presented by Baldev Singh Mann (hereinafter referred to as Mann) at 11.30 a.m. on April 20, 2002, to challenge the election of Surjit Singh Dhiman (hereinafter referred to as Dhiman). GROUNDS
3. Mann pleaded that Dhiman s election was liable to be declared void as Dhiman 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.
4. According to Mann, Bachhi was Administrative Member of Punjab State Electricity Board. He was appointed on December 24, 2001 and belonged to Bhattiwal Khurd, a village falling in Dirba Constituency.
5. Shergill was posted as Deputy Director, Panchayats, Punjab and was thus a gazetted officer in the service of the government. He had also remained Additional Deputy Commissioner, Sangrur for 4 years and belonged to Rajpura, a village in Dirba Constituency.
BACHHI S ROLE
(A) On January 23 Dhiman met Bachhi at the office of XEN, 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 January 24-26, Dhiman and Bachhi were seen by Karnail Singh of Chatha Nanhera, Upinder 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. Mann had come to know about these facts on January 27 at 10 a.m. at Dirba from Karnail Singh, Shamsher Singh, Natha Singh, Harnek Singh, Upinder Singh, Teja Singh Tiwana, Kashmira Singh and others when Parkash Singh Badal, President (SAD), had come to Dirba on January 27, 2002 to address an election rally in support of the petitioner. The petitioner 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 along with Dhiman visited Rajpura on February 3, 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 threatened Jarnail Singh s relatives that in case they did not vote and support Dhiman he would create problems for their relative Bhullar.
(C) On February 4, Mann was informed by Naranjan Singh and Mehar Singh of Kala Jhar that a day earlier at about 2 p.m. Bachhi along with Dhiman had met them and asked for support and vote. Later Mann was also informed by Jasbir Singh, Dhanvir Singh and Gogi Singh that Bachhi had contacted the
