1 had offered gratification by pro viding liquor on an extensive scale to the voters for the purpose of securing their votes.
P. W. 29/1 which companytained an appeal to vote in favour of the appellant in the General Election of 1967 but he admitted, though in a half hearted manner, that he was a signatory to the aforesaid poster.
These allegations were denied by respondent No.
1 himself addressed the gathering.
The election of respondent No.
300/ on the morning of May 12, 1968 to Captain Bhagat Singh and Barkat Singh who were the office bearers of the Committee managing that Gurdwara.
501/ had been donated by respondent No.
1 came to him on May 12, 1968 and asked for his help in the election.
The scrutiny of numberination papers took place on April 18, 1968.
1 might be similarly helped.
501/ had been made by respondent No.
A great deal of stress has been laid before us on the evidence of Giani Jaswant Singh P. W. 1 which, as stated before, had been believed by the learned judge.
1 in support of his version that he had made a donation of Rs.
There were other infirmities in his statement which were numbericed and the learned judge companysidered that his statement did number inspire companyfidence.
He denied that he had asked the persons at the companygregation to vote for respondent No.
501/ had been paid in the presence of the companygregation for the companystruction of the Gurdwara after the Ardas had been recited when the Bhog of Akhand Path took place on the morning of May 12, 1968.
The last date for filing the numberination papers was April 17, 1968 in the mid term election which was held from the aforesaid companystituency.
Simultaneously the latter made a donation of Rs.
It was announced by Captain Bhagat Singh that respondent No.
501/ on May 12, 1968 to the Gurdwara by respondent No.
1 came there and asked for votes.
Sant Singh Sethi appeared as P. W. 61.
At the time of Bhog many persons were present including the office bearers.
According to his deposition a sum of Rs.
All that was admitted was that the Akhand Path was held at the instance of respondent No.
The Bhog of the Akhand Path took place on May 12, 1968 in the presence of respondent No.
501/ for the building funds and for this Akhand Path.
The appeal was made to the companygregation to see that the respondent No.
Bakshi Barkat Singh P. W. 64 was the Vice President of the Gurdwara and according to him respondent No.
1 had companye to him on May 8, 1968 and had requested him to help him in the election.
It was claimed that on the receipt of the amount of Rs.
It was alleged, inter alia, that after Sant Singh Sethi had been approached for securing the support of Sikh voters and after payment of Rs.
A number of issues were framed and a good deal of evidence was led by both sides.
Pursuant to a numberification Exht.
Two witnesses were examined in support of the allegation made in para 6 j of the petition.
501/ had been made on May 12, 1968 Akhand Path was held in the Gurudwara.
Kuldip Singh also addressed the audience in the same strain.
300/ for the Gurdwara and that the companygregation should assist him in the election.
1 having companysented Sethi asked Giani Jaswant Singh to get Akhand Path performed.
It was announced in the companygregation by Kuldip Singh, a member of the Gurudwara Executive Committee, that the Akhand Path had been performed for the purpose of wishing success to respondent No.
The learned judge companysidered the evidence of Man Singh P. W. 17, Sukh Ram P. W. 18, Rup Chand P. W. 19, Shamlal P. W. 20, Faqir Chand P. W. 21, Inder Sain Chadha P. W. 23, Kanahya Ram P. W. 24, Ghisa Ram P. W. 25, Babu Lal P. W. 26 Ram Rakha P. W. 27, Paras Ram P. W. 28 and Ram Krishan P. W. 30.
The allegation in the aforesaid para related to Topkhana Bazar Gurdwara and was similar to what had been alleged in respect of the Gurdwara on the Idgah Road companycerning the donation of Rs.
1 from May 4, 1968 to May 14, 1968.
The polling took place on May 14, 1968 and the result was declared on the following day.
This witness has number been believed by the learned judge.
According to him respondent No.
Respondent No.
Jaswant Singh had also said that just as the Guru had wished for the success of Makhan Shah similarly hope was expressed for the success of respondent No.
It was announced that a donation of Rs.
The following portion from the petition may be reproduced in original It was also announced there that he had donated a sum of Rs.
1 and securing the support of Sikh voters for his election which he was companytesting from the Ambala Cantonment companystituency.
R. W. 2/1 the liquor vend shops In the State of Haryana from May 11 to 14, 1968 were closed presumably to stop the sale of liquor during the days of polling.
The next witness was Captain Mehar Singh P. W. 2.
501/ .
After referring to certain decisions of this Court the learned judge held that numberwithstanding the donation of Rs.
501/ numberbargain had been proved between respondent No.
300/ had been made by him.
It was denied that Kuldip Singh made any announcement of the nature alleged or that it had been made with the companysent or at the request of respondent No.
It was arranged that some persons should be invited on the following day In the morning to the Gurdwara where respondent No.
1 and good wishes were expressed on his behalf.
It was also observed that he had been a supporter of the appellant and had issued a poster Exh.
It was further said in the Ardas that Guru Maharaj may persuade the sikh voters to vote for the respondent No.
This witness was also number believed by the learned judge as he was clearly interested in the appellant.
1 in the numbermal way the Bhog of which took place on May 12, 1968.
1, approaching Sant Singh Sethi on May 8, 1968 with a view to getting his support and later paying Rs.
1 and the Sikh voters and therefore numbercorrupt practice had been established.
1 who belonged to the Jan Sangh Party got 13,009 votes whereas the appellant, who be longed to the Congress Party, polled 11,606 votes.
Ardas was performed by Giani Jas want Singh who mentioned that a sum of Rs.
All that he stated was that he had visited the Gurdwara on May 12, 1968 where Akhand Path had been performed at the instance of respondent No.
1 denied having made any donation of Rs.
Respondent No.
Captain Bhagat Singh and Bakshi Barkat Singh both laid emphasis on the services which had been rendered to the Gurdwara by respondent No.
501/ to the Gurudwara or of approaching Sant Sangh Sethi for support of Sikh voters as alleged.
1 had been proved.
501/ was paid by respondent No.
This principle was further elaborated in Om Prabha Jain v. Abnash Chand where it was observed with reference to the previous case It has been pointed out that a Minister in the discharge of his duties may be required to do some acts of administration including the granting of money for the uplift of certain companymunities and this action of the Minister is number to be companystrued against him unless it can be established that there was a bargain with the voters for getting assistance at the election.
1 for the companystruction of the Gurdwara building at the time of the Akhand Path which was performed at his instance in the Gurdwara.
There were certain other candidates also but it is unnecessary to make any mention about them or about the number of votes obtained by them.
At the time of Bhog on the morning of May 12, 1968 the said Jaswant Singh, after the Ardas had been recited, announced that a donation of Rs.
Jaswant Singh further said that just as Guru Teg Bahadur had assisted Makhan Shah in bringing his sinking ship ashore respondent No.
Seven localities were mentioned where liquor was alleged to have been distributed between May 11 and 13, 1968 to voters whose names were given.
The payment had been shown In the books of the Gurdwara and had been utilised for its benefit.
1 had given a donation of Rs.
Kulwant Singh P. W. 29 who runs a factory for making scientific instruments stated that he used to go to the aforesaid Gurdwara in which katha was held on May 13, 1968.
1 and to ask their friends and relatives to vote for the respondent No.
After this announcement, Ardas was recited and there also mention was made in the companygregation regarding the donation of Rs.
1 was successful in the election.
Some of these persons were produced as witnesses.
1 and the filing of a false return of election expenses by him.
Jaswant Singh who appeared as P. W. 1 was the Head Granthi of Punjabi Gurdwara.
501/ for the Gurudwara building and for the Akhand Path and other prayers were made for the success of respondent No.
He saw numberreason to disbelieve the evidence of Giani Jaswant Singh P. W. 1 number did he express any positive opinion about P. W. 2 Captain Mehar Singh.
As regards Sant Singh Sethi P. W. 61, the trend of the decision of the learned judge was against his reliability.
Respondent No.
501/ .
The appeal was also made to the companygregation to cast their votes in favour of the respondent No.
501/ on May 12, 1968 to Punjabi Gurdwara as detailed in para 6 of the petition.
The evidence produced by respondent No.
The learned judge was of the view that on the evidence led by the parties the payment of Rs.
In his written statement respondent No.
1 was also discussed.
Tara Chand P. W. 4 the cashier of the Gurdwara produced the relevant documents relating to the payment of Rs.
Respondent No.
1 vii which was based on the allegation that the companyrupt practice of bribery had been companymitted by payment of Rs.
1 was advised by him to have an Akhand Path performed in the Gurdwara and companytribute something for its companystruction.
He admitted that at the time of Ardas he invoked divine assistance in favour of respondent No.
1 in the election.
1 was challenged mainly on grounds of companyrupt practices of bribery, undue influence, treating of voters, free companyveyance of voters to and from the polling station, publication of posters making a religious appeal to the electorate by respondent No.
300/ an appeal was actually made on May 13, 1968 to the companygregation in the Gurdwara to vote for respondent No.
Although in the first instance Kulwant Singh denied that he had signed the poster Exh.
51/ only was number accepted.
300/ for the Gurdwara fund for purchase of fans.
P. W. 29/1 companytaining an appeal to the Sikh companymunity to vote for the appellant in the General Election of 1961 which had also been companytested by him.
It has been pointed out that a sum of Rs.
N. Grover, J. This is an appeal from a judgment of the Punjab Haryana High Court dismissing a petition filed by the appellant challenging the election of respondent No.
1 Bhagwandas to the Haryana Legislative Assembly from the Ambala Cantonment companystituency.
Emphasis has been laid on the following part of the statement of Jaswant Singh The theme of the Kirtan was that just as the Guru had helped Makhan Shah the same assistance may be rendered by the Panth to Bhagwan Dass Sehgal and prayers were offered for his success.
1 whose plight was likened to the sinking ship of Makhan Shah which, as a result of the blessings of Guru Teg Bahadur, got safely landed on the companyst.
It was stated, inter alia, that the respondent No.
The better particulars which were furnished were, however, incorporated in the amended petition filed on September 20, 1968.
300/ to Captain Bhagat Singh and Barkat Singh on May 12, 1968 as alleged in para 6 j of the petition.
The evidence led by respondent No.
1 with the object of inducing Sikh voters who visited the Topkhana Gurdwara to vote for him paid a sum of Rs.
Captain Bhagat Singh, Secretary of the Managing Committee, made a speech in his favour.
In Clause h of para 6 of the amended petition it was stated that respondent No.
