Judgment

PALEKA.R, J. (for himself and on behalf of P. N. Bhagwati and R. S. Sarkaria, JJ.): - This is an appeal filed by one Umed Singh who was unseated by an order passed by Narula, J. of the Punjab and Haryana High Court in Election Petition No. 9 of 1972. The election was to the Haryana Legislative Assembly from the Meham Assembly Constituency in Rohtak District in the State of Haryana. Four candidates contested the election. One Raj Singh was set up by the Ruling Congress Party and he polled 19,042 votes. Chatru was set up by the Kisan Mazdoor Party and he polled 4,546 votes. The present appellant Umed Singh stood as an Independent candidate and polled 19,654 votes. Another candidate Tale Ram who also stood as an Independent candidate polled 423 votes. Since the appellant Umed Singh who was respondent No. 1 in the Election Petition polled the highest number of votes he was declared elected. He was declared elected on 12-3-72 and the Election Petition was filed by Raj Singh, the Congress candidate on 26-4-72.

2. The last date for filing nominations was 11-2-1972 and the last date for withdrawal was 14-2-1972. The poll was held on 11-3-1972 and as already stated the result was declared on 12-3,1972.

3. The Election Petition was filed on the ground that the appellant Umed Singh was guilty of several corrupt practices. The Learned Judge held that all the alleged corrupt practices had not been proved but some were. Accordingly, the appellant s election was set aside.

4. The corrupt practices of which the appellant was held guilty are as follows :

(1) That the appellant committed bribery within the meaning of Section 123 (1) (A) (a) of the Representation of the People Act, 1951 in so far as he, on March 10, 1972 made a payment of Rs. 1,000/- to Chatru - one of the candidates - with the object of inducing him to continue to stand as a candidate at the election and not to withdraw from the same.

(2) That the appellant committed the corrupt practice within the contemplation of Sec. 123 (5) of the Act by hiring and procuring the following vehicles for the free conveyance of electors to and from the polling stations on March 11, 1972 between 8.00 A. M. to 5.00 P. M.

(a) Jeep No. PNN 5021 for free conveyance of the voters to and from the polling Station at Madina from the interior of the village and from the fields outside the village;

(b) Jeep No. RSK 668 to and from the Polling Station at Sisar from the interior of the village and from the fields outside the village;

(c) Truck No. HRN 8567 to and from the polling station at Chandi from village Indergarh where there was no polling Station; and

(d) Truck No. HRR 7101 to and from the polling station at Seman from village Bedwa where there was no polling station.

5. In the present appeal the appellant has challenged these findings both on facts and law.

6. Raj Singh, the defeated candidate, who is the principal contestant before us, has not only supported the above findings of the learned Judge but has also claimed a finding in his favour that the election was liable to be set aside on the ground that the appellant had committed the corrupt practice within the contemplation of Section 123 (7) by obtaining and procuring the assistance of one Dhir Singh, s/o Jodha Singh, a member of the Armed Forces of the Union, for the furtherance of the prospects of his election by actually canvassing support for him in village Bedwa. The learned Judge recorded a finding against Raj Singh, but it is contended on his behalf that the finding is manifestly against the evidence.

7. As already stated the learned Judge had to deal with several allegations of corrupt practices. A large majority of them have been discounted by him and in his view only 5 of them as mentioned above had been satisfactorily established. Undoubtedly the learned Judge had to deal with a case in which the evidence was, for the most part, suspect and in this respect we can do no better than quote the learned Judge on the point.

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