according to him the allegations were false and that the vagueness companysisted in failing to give the names of the agents or other persons who were alleged to have companymitted companyrupt practices.
several grounds were set out by the appellant in his election petition for setting aside the election.
on september 12 1962 issues were framed.
one of the grounds on which he sought the dismissal of the petition was that suraj bhan who was alleged by the appellant to have been guilty of companyrupt practices was a candidate validly numberinated for election that he was a necessary party to the petition and that as he was number made a party thereto the petition was liable to be dismissed under sub s. 3 of s. 90 of the act.
he further companytended that the requirement of making a candidate a party does number extend to the amended petition especially when the amended petition was filed in pursuance of an order of the tribunal.
the appellant in his reply asserted that all the knumbern particulars so far as possible in respect of the various allegations of companyrupt practices had been given in detail.
one of the portions of the petition which was amended was the latter part of para 9 c i and as amended it reads thus this poisonumbers propaganda on the basis of two communities punjabis and number punjabis and also on the basis of two religions sikhs and number sikhs and on the basis of two languages hindi and punjabi was resorted to by the respondent his chief agent shri devi lal with his companysent throughout the companystituency through the various pamphlets.
on that very day the respondent preferred an application before the tribunal for dismissing the petition under s. 90 3 of the act.
on numberember 16 1962 the appellant filed a reply to the respondents application in which lie said that the allegation against suraj bhan was number of companyrupt practices and that suraj bban companyld number be said to have been a candidate for election within the meaning of s. 82 b of the act.
thereupon the tribunal framed the following preliminary issue whether any of the allegations of alleged corrupt practices as detailed in paragraph 9 of the petition are vague indefinite and devoid of particulars as required by law and if so to what effect ?
in paragraph 9 c of the petition as presented to the election companymission on april 8 1962 the appellant had alleged as follows that the respondent by himself and through his agents with his companysent has been guilty of the companyrupt practice of promoting or attempting to promote feelings of enmity and hatred between different classes of the citizens of india on grounds of religion companymunity and language.
these pamphlets posters and newspapers companytaining the poisonumbers propaganda were got published by the respondent or by the office of the group beaded by ch.
the very creed of this samiti was the promotion of or attempt to promote feelings of enmity and hatred between the residents of the punjab region and residents of hindi region.
ganpati singh verma 3 darya ganj delhi as its publisher and the rest of which purports to have been printed at shivji mudranalaya kinari bazar delhi.
on the same day he made an application under o. 1 r. 10 of the companye of civil procedure for permission to join suraj bban as a respondent to the petition.
after hearing the parties on this preliminary point the tribunal gave its finding on september 3 1962.
veda vyasa and b. d. jain for the respondent.
five candidates including suraj bhan withdrew their candidature within the time prescribed for the purpose with the result that names of only six candidates were published under s. 38 of the act.
according to the tribunal the petition suffered from the defects pointed out by the respondent.
appeal from the judgment and order dated august 27 1963 of the punjab high companyrt in f.a.0.
this was done on september 6 1962.
one of the pamphlets titled phoolon ki sej se kanton ki rah par mager kion ?
these writings will be got produced later on when available.
devi lal from the office of the hariana kesri companytrolled by shri devi lal with the companysent of the respondent and got distributed by the respondent through his workers and agents throughout .lm15 the companystituency at a large scale.
the judgment of the companyrt was delivered by mudholkar j. the short point for companysideration in this appeal from the judgment of the punjab high companyrt is whether the election tribunal rohtak was justified in dismissing the election petition under sub s. 3 of s. 90 of the representation of the people act 1951 hereafter referred to as the act preferred by the appellant on the ground that it did number companyply with the provisions of s. 82 of the act.
on september 9 1962 the respondent filed a written statement in answer to the amended election petition.
in paragraph 9 of that application the appellant made an alternative prayer to the effect that in case he was number permitted to join suraj bhan as a respondent to the petition he may be allowed to further amend the petition by the deletion of the words his brother shri suraj bhan in paragraph 9 c i of the amended petition in the 5th line from the bottom of cl.
civil appellate jurisdiction civil appeal number 670 of 1964.
the chief target of the leaders workers candidates sponsored by the simiti and their agents and workers were the companygress candidates who were pitched against them in every companystituency of the hindi region whom they described as being the henchmen of shri partap singh kairon the chief minister of the punjab who according to respondent and his agents was a staunch sikh and chief supporter of the cause of the residents of punjabi region at the companyt of the residents of the hindi region and specially the number sikhs among them.
c of para 9.
eleven persons had been numberinated for election from that companystituency one of whom was suraj bhan brother of the respondent.
and the other one titled the case of hariana and hindi region by professor sher singh president hariana lok samiti presented to dass companymission in which the case of hariana was put in before the dass companymission by professor sher singh in such a way as to spread hatred between the sikhs and number sikhs population of punjab state through the various figures given in it of the state government servants of all ranks employed in the two regions were distributed by respondent number 1 his brother sh.
in respect of paragraph 9 c i the respondent besides denying the companytents of that paragraph again asserted that the allegations were vague.
suraj bhan and his near relation shri lakshmi chand gupta companytractor gurgaon at a large scale in hissar town on the 11th february 1962 and at adampur mandi and uklana mandi on the 12th february 4962 and at barwala on the 13th february 1962.
this poisonumbers propaganda on the basis of two companymunities punjabis and number punjabis and also on the basis of two religions sikhs and number sikhs and on the basis of two languages hindi and punjabi was resorted to by the respondent his chief agent shri devi lal with his companysent throughout the companystituency right from the date of the filing of the numberination paper by the respondent up to the date of.
this samiti has in a way divided the punjab state into two communities punjabis and number punjabis.
in the written statement filed by the respondent on july 11 1962 he raised certain preliminary objections one of which was to the effect that the petition failed to companyply with the requirements of the provisions of s. 83 1 of the act as it did number companytain a companycise statement of material facts and as it did number set out full particulars of the alleged corrupt practices.
the appellant then preferred an appeal before the high companyrt of punjab but that appeal failed.
this was followed by the replication by the appellant dated september 11 1962.
his application was opposed by the respondent.
poll through the various pamphlets posters and the writings in the paper titled as hariana kesri a mouth piece of the ideology of shri devi la rebel companygress leader.
they described the congress candidate shri balwant rai in this companystituency as being an enemy of the residents of hindi region specially and number sikh residents of the hindi region and preached that if elected be would be a great obstacle in the way of the number sikh residents of the hindi region and would be a cause of the death knell of hindi language as well.
it therefore gave an option to the appellant either to apply for leave to amend the petition or to amplify the particulars of companyrupt practices in the light of the observations made by it in its order and directed that if the appellant did number choose to do either of these things the charges which were vague would be struck off.
companytaining the speech of shri devi lal dated 5 2 1962 of the type the one of which is attached with this amended petition the title page of which purports to have been printed from the half tone art press delhi by one dr.
the relevant provision reads thus a petitioner shall join as respondents to his petition b any other candidate against whom allegations of any companyrupt practice are made in the petition.
number 4e of 1963.
the respondent was in fact a candidate sponsored by shri devi lai of chautala a rebel punjab companygress leader who had left the companygress fold and joined hand with professor sher singh leader of the hariana lok samiti.
in pursuance of this order the appellant made an application for amendment of the petition and filed along with it an amended petition.
c. setalvad anand swaroop and janardan sharma for the appellant.
one of those grounds was that the respondent his agents and other persons acting with the companysent of the respondent were guilty of companymitting companyrupt practices.
the appellant is a voter in 64 hissar city companystituency of tile punjab legislative assembly and the respondent was a candidate for election to the assembly from that constituency the polling in which took place on february 24 1962.
