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2006 (2) LAW HERALD 1603 (P&H)
PUNJAB AND HARYANA HIGH COURT
CORAM
M.M. KUMAR, J.
ELECTION PETITION NO. 22 OF 2002
28.04.2006
Harchand Kaur
Petitioner
Vs.
Gobind Singh
Respondent
Representation of the People Act, 1951 - Section 79 - Section 80, 81 (i) (b), 100, 123 - Election Petition - Setting aside of election of returned candidate from Sherpur assembly constituency - Allegations of corrupt practices - Speeches delivered promoting feeling of enmity and hatred between different classes of citizens - Petitioner confined his challenge to the election on the ground of corrupt practices as envisaged by S 123 (1) and 100 (1) (b) - The money in the name of pension was presented as a gift to the voters directly - Cash distributed in the garb of pension to induce the voters to vote for the returned candidates - Returned candidate failed to place on record any material, any independent evidence, oral or documentary to show that such a practice was not adopted by him - Election petitioner proved that the returned candidate distributed cash amount under the garb of pension - Corrupt practice established - Election of the returned candidate is declared as void. (Para 47, 48 and 50)
Representation of Peoples Act, 1951 - Section 123 (1), 100 (1) (b) - Evidence Act, 1872 - Section 103 - Burden of proof - Election Petition - When the election petitioner has adduced sufficient evidence to prove that the returned Candidate had committed corrupt practice then the burden shifts on him to rebut that evidence and his failure to do so may result into raising of an inference against him. (Para 47)
Representation of Peoples Act, 1951 - Section 123 (1), 100 (1) (b) and - Section 83 (b) - Corrupt Practice - Election petitioner is required to disclose in the election petition a concise statement of material facts on which he relies and also set faith full particulars of any Corrupt practice.
Representation of Peoples Act, 1951 - Section 95, 83 (b), 100 (1) (b) - Evidence Act, 1872 - Section 60 - Corrupt Practice - Returned candidate used the tool of payment of pension to bribe the voter - PW9 was paid Rs. 1200/- on the pretext of handicapped pension - Oral evidence of beneficiary is admissible - Corrupt practice by inducing the voters to vote for him in consideration of payment of cash named as pension is established - Election declared as void. (Para 42)
Representation of Peoples Act, 1951 - Section 123 (1) and 100 (1) (b) - Corrupt Practice - Evidence Act, 1872 - Section 60 - Oral evidence of party workers cannot be made the sole basis for recording a finding, that a candidate has committed corrupt practice - However, the Court is not helpless when it finds that the feet of corrupt practice has proved which has not been rebutted by the returned candidate as is required to be done - While accepting oral evidence the Court should be extremely cautious. (Para 44)
M.M. KUMAR, J.
1. Smt. Harchand Kaur (for brevity ‘the election petitioner’) has filed this petition under Section 80 and 81 read with Section 100 of the Representation of the People Act, 1951 (for brevity ‘the Act’), challenging and for setting aside the election of Shri Gobind Singh Kanjla (for brevity ‘the returned candidate’) from 82-Sherpur (SC) Election Petition No. 22 of 2002 Assembly Constituency (for brevity ‘the Constituency’), held on 13.2.2002.
2. The case of the election petitioner in short is as follows:-
The petitioner contested election from the Constituency, held on 13.2.2002. Her name is enrolled in the voter list at Sr. No. 1098 from village Ghanauri Kalan, Tehsil Dhuri, District Sangrur. On the recommendation made by the Election Commission of India, the Governor of Punjab, had issued notification under Section 15 of the Act which was published in the official gazette of the State of Punjab on 26.12.2001, calling upon all Constituencies to elect members for the purpose of constitution of new elected Assembly on the expiry of the term of the existing Assembly. The election programme was issued by notification published by the Election Commission in the official gazette, which was as follows:-
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i) The last date for making nominations.
23.1.2002
ii) The date for the scrutiny of nomination.
24.1.2002
iii) The last date for the withdrawal of candidature.
28.1.2002
iv) The date on which poll is to be held.
13.2.2002
v) Counting of votes.
24.2.2002
vi) The date before which the election is to be completed.
28.2.2002
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3. The election petitioner being voter from one of the village falling in the Constituency and on account of the fact that she belonged to Ramdasi Sikh caste, which is declared as Scheduled Caste, applied for issuance of Scheduled Caste Certificate. The certificate was issued by Tehsildar, Dhuri on 15.1.2002 (P-1). The election petitioner claims to be fully eligible and qualified to contest election from the reserved Constituency in accordance with the provisions of Section 5 of the Act. The Ramdasi Sikh caste to which the election petitioner belongs is covered by the notification issued by the State of Punjab.
4. In addition to the election petitioner, nine other candidates including the returned candidate filed nomination papers from the Constituency, which was displayed by the Returning Officer after scrutiny. The names of the aforementioned persons are as under:-
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Sr. No.
Name of the Candidate
Name of party from which contested
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i)
Harchand Kaur
Indian National Congress
ii)
Harnek Singh
Bahujan Samaj Party
iii)
Chand Singh Chopra
C.P.I. (M)
iv)
Piara Singh
Shiromani Akali Dal
v)
Rajdev Singh
Shiromani Akali Dal (Simranjit Singh Mann)
vi)
Harnek Singh
Independent
vii)
Gian Singh
Independent
viii)
Gurmail Singh
Independent
ix)
Gobind Singh
Independent
x)
Bant Singh
Independent
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5. The election was held on 13.2.2002 by using the Electronic Voting Machines. The counting of votes polled in the Constituency started on 24.2.2002 at 8.00 a.m. and the result of the election was declared on the same day. According to the result declared, the details of the votes polled in favour of each of the candidate is given hereunder against his or her name:-
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Sr. No.
Name of the Candidate
Name of party from which contested
No. of votes polled
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