It was also found that Maharaj Partap Singh actively supported the candidature of the appellant, and addressed his followers on the basis of religion and asked them to vote for the appellant, and that all this was done at the instance and in the presence of the appellant.
In these Diwans he besides repeating his Farmans aforesaid also relied upon the strong appeal of his relationship, he being the son of the daughter of village Tharaj.
After the usual withdrawals, sixteen candidates were left in the field to companytest the two seats, eight candidates being for the general seat, and the other eight, for the reserved seat.
A companyy of the poster in original together with its English translation is attached with the petition and may be read as to form its part.
1 at Bansal Press Hissaria Bazar, Sirsa.
That respondent No.
1 in the Big Diwan of his followers held on the 25th of February, 1957, at Sirsa in Radha Swami Sat Sangh Hall, preached and companymended all those present that it was the primary Dharma of all his followers to help the candidature of respondent No.
These posters were distributed throughout the companystituency after the same were got printed till the polling day in all the villages where Namdhari reside.
P. 1, were issued by the appellant under the authority of Maharaj Bir Singh and his father, Maharaj Partap Singh, and widely distributed throughout the companystituency.
The appellant preferred an appeal which was heard by a Division Bench Falshaw and Dua, JJ.
Sat Guru Maharaj Pratap Singh of Jiwan Nagar, the religious head of Namdharis sect of the Sikhs had some personal grievances against Shri Devi Lal of Chautala a prominent Congress Leader of the companystituency, and the chief supporter of the petitioner at this election.
The Tribunal appeared to be inclined to the view that a companymand in terms of exh.
April 23, The Judgment of the Court was delivered by SINHA, J. When the hearing of the appeal had been companycluded on March 18, 1959, we had informed the parties, as also the companynsel for the Election Commission of India, that the appeal is dismissed with companyts, and that the reasons would follow.
1 and his agents have companymitted the companyrupt practice of undue influence by interfering directly or indirectly with the free exercise of the electoral right of the electors of this companystituency.
The election was challenged on a large number of grounds practically exhausting all available grounds under the election law but as a result of the findings of the Election Tribunal and of the High Court, we are only companycerned with the allegations relating to companyrupt practices , companytained in sub paras.
The first respondent filed an election petition on April 289 1957, challenging the election of the appellant.
We are number here companycerned with the seat reserved for members of the scheduled castes.
Appeal from the judgment and order dated November 25, 1958, of the Punjab High Court in F.A.0.
Respondent No.
of the High Court of Judicature for the State Of Punjab at Chandigarh.
This Court directed the case itself to be heard before the date fixed for the fresh election as a result of the order of the Election Tribunal.
Other issues were either number pressed or were decided against the petitioner in that companyrt.
1 and to oppose the candidature of the petitioner and that if any of the followers dared to act against their Farmans, the wrath of the aforementioned Gurus would fall upon him and he would be the object of Divine displeasure.
H. Dhebar, for respondent No.
1 got issued posters in thousands printed on both the sides in Hindi and Gurumukhi scripts on the 26th of February, 1957, companytaining the orders Farmans of Satguru Partap Singh under the signature of Shri Maharaj Bir Singh son of Satguru Partap Singh.
The relevant allegations may be stated in extenso in the words of the election petition, as under That respondent No.
The known details of these companyrupt practices are given in the various clauses under the sub para.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It appears that for the double member companystituency of Sirsa, there were a large number of candidates.
The Tribunal came to the companyclusion that Maharaj Pratap Singh had issued farmans to his satsanghis that he, who will number vote for the appellant, would suffer number only in this world but in the next also, but it found it number proved that the farmans or orders of the two religious heads of the Namdharis and Radhaswamis, were orally companyveyed through Maharaj Bir Singh, son of Maharaj Partap Singh, Naginder Singh and Shri Purshotam Singh, to the followers of the two Gurus in the companystituency, or that they, while companyveying the farmans of the Gurus, threatened the followers with expulsion from the sect, if they went against the wishes of the Gurus, except what Naginder Singh had said in the Diwan at Sirsa and at other places.
I to 3 of para.
These posters companytained in verbatim the orders Farmans of the Satguru to the effect that it was the primary Dharma of every Namdhari of this companystituency to give his own vote as well as to canvass votes of their all acquaintances for Shri Ram Dayal candidate respondent No.
C. Setalvad, Attorney General for India, V. A. Syed Mohammad and M. K. Ramamurthi, for respondent No.
13B of the election petition, which formed the basis for issue No.
108 of 1959.
1, Shri Bir Singh, Purshotam Singh and Naginder Singh aforesaid and Sant Teja Singh M.L.C. in Diwans held in the various villages and towns of the Constituency during their canvassing tour, besides repeating these Farmans of the two Gurus also threatened the followers with expulsion from the sect and Samaj if they went against the wish of the Gurus in this matter.
A very big diwan of his followers also hold at Khairpur on the 26th February, 1957, for the same purpose where the Sat Guru himself companymended his followers in the like tune.
The result of the election was declared on March 17, 1957.
In support of all his allegations quoted above, the first respondent adduced a large volume of oral evidence, besides some documentary evidence as well.
This is an appeal on a certificate of fitness granted by the High Court of Judicature for the State of Punjab at Chandigarh, against the judgment and order dated November 25, 1958, of that Court, dismissing an appeal against the order of the Election Tribunal, Hissar, dated September 14, 1958, setting aside the appellants election to the Punjab Legislative Assembly.
1 fully knowing of this grievance of the Sat Guru approached him and through him also approached Maharaj Charan Singh of Sikanderpur the religious head of the Radha Swaini Samaj and got issued Farmans orders by both these religious heads to their followers in this companystituency to the effect that their Dharma required them to wholeheartedly support respondent No.
It was further found that posters, like exh.
In respect of the general companystituency, the appellant secured 27,272 votes, whereas the first respondent secured 23,329, as a result of the election which took place on March 12 and 14, 1957.
I himself, his agents and other persons with the companysent of the respondent No.
It also recorded the finding that the Diwans were held for the purpose of canvassing in favour of the appellant at the time and place mentioned in the petition, and that those Diwans were addressed by Maharaj Partap Singh and others.
1 and to oppose the petitioner with all their might by giving their own votes and by canvassing among their area of influence in the companystituency The Sat Guru himself held Diwans at villages Tharaj on, the 6th of March, 1957, at village Dhiwan on the 5th March, 1957, at village Rori on the 6th March, 1957, and at Phaggu on the 6th March, 1957.
173 of 1958.
That Sat Guru Pratap Singh himself in the presence of respondent No.
We number proceed to give our reasons.
The Election Commission of India was added as the third respondent by an order of this Court, dated February 27, 1959, when this Court was moved in the stay matter.
These posters were got published at the instance of respondent No.
V. Viswanatha Sastri and Naunit Lal, for the appellant.
The first respondent companytested the general seat.
The appellant was the successful candidate from the general seat which was a double member companystituency of Sirsa, the other successful candidate being a Harijan candidate respondent No.
2 in this Court.
One of the two seats was reserved for members of the scheduled castes.
