Election invalidated per corrupt practices, notably undue influence during vote counting, requiring strict electoral conduct.

1. These are connected cases. The main appeal is C.A. No. 2886 of 1989. The Civil Appeals and the Special Leave Petition are preferred against the judgment of the Punjab and Haryana High Court, Chandigarh dated 2-6-1989 rendered in E.P. No. 7 of 1987. The validity of election to the Haryana Legislative Assembly held in June, 1987 for the 67 Toshan Legislative Assembly seat is in issue. Civil Appeal No. 2886 of 1989 is the appeal filed by the returned candidate Shri Dharamvir, Lokdal (B) - first respondent in E.P. No. 7 of 1987 (as amended). The respondents therein are, petitioners 1 to 3 in the election petition, respondents No. 2 in the election petition Shri Bansi Lal (Indian National Congress) and respondents 3 to 15 in the election petition - independent candidates, who contested the election. Petitioners 1 to 3, respondent No. 2 and respondents 3 to 15 in the election petition are arrayed as respondents 1 to 17 in Civil Appeal No. 2886 of 1989. In Civil Appeal No. 2888 of 1989, the appellants are respondents 1 to 3 in Civil Appeal No. 2886 of 1989 (petitioners in the election petition). Special Leave petition No. 12196 of 1989 is one filed by a person who was not a party in the High Court. The petitioner therein was the Returning Officer PW-9, Shri M. L. Sarwan, who, aggrieved by certain observations made against him, has sought special leave to appeal against the judgment dated 2-6-1989. The election petition was one filed under S.80 to 84 and 100 of Part VI. Chapter II of the Representation of People Act, 1951 (hereinafter referred to as the Act). In short, the prayer in the petition was to declare the election of the appellant (first respondent in the election petition) to the Haryana State Assembly from 67 - Toshan Legislative Assembly seat (hereinafter referred to as the Assembly seat) held in June, 1987 as void and to declare the fourth respondent herein (respondent No. 2 in the election petition) Shri Bansi Lal (Indian National Congress) as elected. The High Court, by a detailed judgment dated 2-6-1989, held that the election of the appellant to the Assembly seat is void and set aside the same. The appellant was further disqualified for a period of six years from seeking election from the date the judgment came into force. It is from the aforesaid judgment, the first respondent in the election petition (appellant herein) has filed this appeal under S.116-A of the Act.

2. For the sake of convenience, we will refer to the parties as they are arrayed in the appeal - Civil Appeal No. 2886 of 1989. The election for the Assembly seat was held on 17-6-1987. The counting of the votes took place on 18-6-1987. The results were declared on 19-6-1987. Shri Devi Lal, leader of Lok Dal (B) party was sworn in as Chief Minister of Haryana State on 20-6-1987. The appellant polled 32,547 votes, as against 30,361 votes polled by the fourth respondent. The invalidated votes amounted to 3,128 out of which in 2,799 votes, there were double marking in the ballot papers. In brief, the allegations to set aside the election are that the appellant was guilty of commission of corrupt practice or undue influence as envisaged by S.123 (2) of the Act by direct or indirect interference with the free exercise of electoral right. It was alleged that with the consent of the appellant, his counting agents started creating terror and browbeating and threatening w