In regard to the first fact, the petitioners relied upon the statement of L N Gurdev Singh, who was examined as C.W.1.,
The other two forfeited their securities.
186 of 1973 From the judgment Order dated the 27th November, 1972 of the Punjab Haryana High Court in Election Petition No.
On April 26, 1972, Bachan Singh, the unsuccessful candidate and ,one elector, Harcharan Singh, jointly filed an election petition under the Representation of the People Act, 1951 challenging the, election of the returned candidate on several grounds.
and the certified companyy Ex.
Kapil Sibal, N. D. Bhargava and S. K. Gambhir, for the appellants.
They also sought support from the statement of C.W. 1.
P.W 30/4, of the Polling Agents Form.
Firstly, it is companytended that the returned candidate had obtained the assistance of one Lance Naik Gurdev Singh, a member of the Armed Forces of the Union, in his election and was thus guilty of ,committing the companyrupt practice defined in s.123 7 .
Before us, only two grounds have been pressed into argument by Mr. Kapil Sibal, learned Counsel for the appellants.
Hence this appeal by the petitioners.
on March 12, 1972, Azad was declared elected.
The petition was dismissed by the High Court.
In the event of Azads election being set aside, Bachan Singh claimed a further declaration under s.101 of the Act of his own election.
15 of 1972.
1 polled 24,865 votes.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 The Judgment of the, Court was delivered by SARKARIA, J. Prithvi Singh Azad hereinafter referred to as the returned candidate , Bachan Singh, Naurang Singh and Lachchman Singh companytested the election to Punjab Vidhan Sabha from the Khanna Reserved Assembly companystituency.
N.Marwah, Lalita Kohli, K. C. Dua and Naunit Lal, for the Respondent No.
In this companynection, the petitioner tried to establish two facts a that Lance Naik Gurdev Singh was appointed as his polling agent by the returned candidate and the former acted as such at the polling station, Rahon Majra b that the Lance Naik actually canvassed for votes in the companypany of the returned candidate.
Regarding the second fact, they examined P.W.6 Subedar Bachan Singh, P.W.7 Bant Singh P.W.8 Bhagat Singh P.W.9 Rulda Singh, P.W. 10 Sadhu Singh, P.W. 11 Bachan Singh P.W. 12 Arjan Singh, P.W. 13 Haracharan Singh.
Azad was the numberinee of the Congress Party and Bachan Singh of the Akali Dal.
The poll was held on March 11, 1972.
He secured 25,984 votes, whereas Bachan Singh appellant No.
