JUDGMENT :

Manoj Misra, J.

In Re: Civil Misc. Application No. 2 of 2019 under Order VII Rule 11 CPC

1. Jay Veer Singh (the election petitioner) has filed Election Petition No. 4 of 2017, under Section 81 of The Representation of the People Act, 1951 (the 1951 Act) to declare the election of the respondent Hari Om Yadav as Member of Legislative Assembly from 99 Sirsaganj Assembly Constituency, District Farrukhabad as null and void and to set aside the same. The declaration as prayed for is sought on the ground that the respondent committed the corrupt practice of bribery, as defined in sub-section (1) of Section 123 of the 1951 Act, by offering; promising and gifting to the electors of the constituency road, etc on the condition that they agree to vote for him.

2. The averments made in the election petition to demonstrate commission of corrupt practice of bribery are contained in paragraphs 10 to 33 of the petition, which are extracted below:

''10. That Sri Vijay Pratap Yadav the son of the respondent Hari Om Yadav is the President (Chairman) of Zila Panchayat Firozabad. Being the son of the respondent Sri Vijay Pratap Yadav always accompanied the respondent during the campaign in the constituency.

11. That as the respondent was having very bad reputation in the constituency therefore he adopted a very clever mode of corrupt practice of bribery to the electors to vote for him. Where ever the respondent went for campaign during the election, he offered and promised the electors that he will get a road constructed at the doorstep of electors only if they will vote for him otherwise the road will not be constructed. He also assured that his son is the President of Zila Panchayat Firozabad and he (the respondent) will fullfil their promise if the electors promise to vote for respondent.

12. That the election of 99 Sirsaganj Legislative Assembly Constituency was held in 1st phase of election. From the said election the notification was issued on 17.1.2017. The Model Code of Conduct was already imposed by the Election Commission of India upon declaration of the dates of the election.

13. That the respondent filed his nomination paper on 23.1.2017 and after filing the nomination paper he became a candidate at the election as defined under Section 79(b) of Representation of the People Act, 1951.

14. That after being a candidate in the election the respondent went to village Karikhera, Gram Panchayat Karikhera, Block Araon, which is one of the village in the constituency, on 25.1.2017 at about 2.00 p.m. at the Temple in the village. The respondent was accompanied by following persons:

Vijay Pratap alias Chhotu Yadav son of Harim Om Yadav, President Zila Panchayat Firozabad (son of the respondent).

Radha Krishna Rajput, President of Samajwadi Party Vidhan Sabha Sirsaganj, resident of village Nagla Khandari, Post Ukhraind, District Firozabad.

Mata Deen Dhangar son of Kali Charan, Member Zila Panchayat Firozabad, resident of village Nagla Khushhali, Post Karhara, District Firozabad.

Pradeep Singh son of Netra Pal Singh resident of Kaurara Road, Sirsaganj, District Firozabad.

Jogendra Yadav, Block Pramukh, Block Madanpur, resident of Village and Post Garhsaan, District Firozabad.

Durg Pal Yadav (D.P. Yadav), Member Zila Panchayat Firozabad, resident of Sirsaganj, District Firozabad.

The respondent alongwith aforesaid persons went in four vehicles with registration numbers UP 83 W 4444, UP 83 AK 4444, UP 83 X 0001 and UP 83 Z 4545.

15. That when the respondent alongwith the aforesaid persons reached at the Temple in village Karikhera at 2.00 p.m. then a number of villagers get collected at the said place including Ram Bharose son of Charan Das, Dauji Ram son of Tulsi Ram, Rahul son of Mulayam Singh and Chandra Pal son of Raghubar Dayal, all the resident of village Karikhera. The respondent said to them that there is no road and he will get a road constru