Issue No.
If so, was this done as a result of inducements offered at the instance of respondent No.
1 has companymitted companyrupt practices as defined in clauses 1 , 2 , 3 , 3A and 4 of section 123 of the Representation of the People Act ?
The appellant examined Bed Vir Singh P.W. 16 and Govardhan Singh P.W. 17 to establish the allegations with regard to the speeches made by Mahendra Singh R.W. 3 , Yogendra Pal Singh and Virendra Varma R.W. 7 .
12 Whether respondent No.
The Chief Election Commissioner has been impleaded as a respondent in this appeal.
1, to promise number to vote for the petitioner but to vote for respondent No.
2 as a witness.
The numberification fixed March 1, 1971, for the poll in the Aligarh and Koil segments and March 3, 1971 in the Iglas, Khair and Chandaus segments.
Evidence was led by the appellant with regard to this meeting by examining Radha Raman Dhwaj Prasad Singh W. 21 and Harcharan Lal P.W. 22 .
There was also another meeting at Gabhana Village at 11.00 A.M. on 8 3 1971 at which speeches were said to have been made by the first respondent and Prakash Vir Shastri, General Secretary of the B.K.D. The appellants witnesses with regard to this meeting are Raj Kumar Singh P.W. 24 , Ombir Singh P.W. 25 , Chetanya Raj Singh P.W. 26 and Dev Dutta Bhardwaj P.W. 29 .
Virendra Varma R.W. 7 and Virendra Singh R.W. 9 denied the allegations.
1 and Kalyan Singh, M. L.A. appealed to Hindu voters in Gordha village on 7 3 1971 number to vote for the petitioner because he was a Muslim as detailed in para 29 of the petition and whether similar appeals were made to voters by respondent No.
The appellant alleges several companyrupt practices in his election petition before the High Court and also raises certain question of law.
9 Whether Virendra Varma and Raghunath Singh appealed to Jat voters to vote for respondent No.
Issue No.
The High Court rejected the prayer on the ground that his name did number figure in the list of witnesses supplied on 9th November, 1971.
8A Whether respondent No.
From the judgment and order dated the 21st December, 1971, of the Allahabad High Court in Election Petition No.
Solicitor General of India and M. N. Shroff, for the respondent number 2.
As will appear from the above chart, during the poll this time on March 9, 1971, the first respondent obtained a very high percentage of votes with the result that he was declared elected.
6 of 1971.
The 2nd respondent, although a Samyukt Socialist Party candidate SSP , was sponsored by the four parties alliance companysisting of Jan Sangh, Swatantra, Congress led by Shri Nijalingappa, and Samyukt Socialist Party.
7 Whether voters were induced by threats offered by Hukum Singh, the polling agent of respondent No.
1 as detailed in paragraph 28 of the petition ?
Issue No.
The first respondent also produced rebutting evidence with regard to each of these alleged meetings.
1s election agent Yogendra Pal Singh and Virendra Varma and Charan Singh appealed to Jat and Thakur voters at Iglas on 7 3 1971 number to vote for the petitioner as he was a Muslim and number to allow Muslim, Jatav and Brahmin voters to vote as detailed in para 34 of the petition Issue No.
Issue No.
8 Whether respondent No.
He examined Gajendra Singh P.W. 18 and Ram Das Singh P.W. 19 , Kishan Singh P.W. 28 and Brij Lal Sharma P.W. 31 .
Subba Rao and J. B. Dadachanji for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Yunus Saleem 44,422 25,228 17,134 19,372 18,030 124,186 Virpal Singh 622 1,240 1,026 1,254 1,320 5,462 Shiv Kumar Shastri 4,719 16,260 42,281 53,240 43,012 180,313 Saheb Singh 558 3,170 1,653 1,671 3,076 6,958 On March 2, 1971 a companymunal riot between Hindus and Muslims took place in Aligarh city and as a result of this the Election Commission on receipt of reports of the local authorities at Aligarh postponed the poll in the remaining segments from March 3, 1971 to March 9, 1971.
and in Iglas, Khair and Chandaus on March 3, 1971.
Yunus Saleem, the defeated Congress R candidate, is against the judgment of the Allahabad High Court wherein he challenges the election of the B.K.D. candidate, Shiv Kumar Shastri Respondent No.1 to the, Lok Sabha from the 76 Aligarh Parliamentary companystituency in the general elections held in March 1971.
A meeting was also held, according to the appellant, in the village of Beswa on 8 3 1971 at 12.30 P.M. at which Pooran Singh Malan, Yogendra Pal Singh and Virendra Varma are said to have made objectionable speeches.
Mere were seven candidates on the run for the election from this companystituency.
2 withdrew from the election on 6th March and asked his supporters to vote instead for respondent No.
1 and Prakash Vir Shastri, Virendra Varma, Raghunath Singh and Ram Prasad Deshmukh in Khair, Chandaus and Iglas between 7 3 1971 and 9 3 1971 as detailed in para 30 of the petition ?
Issue No.
10 Whether respondent No.
Various dates between March 1, 1971 and March 5, 1971 For holding the poll in different companystituencies in Uttar Pradesh.
Another petition was also filed by the appellant on 18th November, 1971, for examination of Pooran Singh Malan respondent No.
2, to withdraw his candidature so that Hindu votes may number be divided and a Muslim candidate may number win the election.
To refute allegations made by these witnesses, the, first respondent examined himself R.W. 14 , Jodh Pal Singh R.W. 11 and Raghunath Prasad Sharma R.W. 12 .
March 15, 1971 The date before, which the election shall be companypleted.
The High Court has repelled the companytentions of the appellant We are number companycerned in this appeal with the following issues Issue No.
The Judgment of the Court was delivered by GOSWAMI, J. This election appeal under section 116A of the Representation of the People Act, 1951 briefly the Act by the appellant, Mohd.
11 Whether at the same meeting mentioned in para 34 Yogendra Pal Singh falsely stated that the petitioner was a Razakar of Hyderabad and had instigated the Aligarh riots ?
5 Whether Pooran Singh Malan respondent No.
to take place in Aligarh and Koil on March 1, 1971.
This companystituency companysists of five Assembly companystituencies namely, 376 Aligarh, 377 Koil, 378 Iglas, 379 Khair and 380 Chandaus.
Issue No.
N. Sinha.
2 Whether the order of the Election Commission adjourning the poll from 3rd March to 9th March was without jurisdiction and illegal ?
1 and the other persons named in paragraph 30 of the petition and the statement of further particulars made speeches in Khair, Chandaus and Iglas Tehsils alleging that the petitioner was responsible for companymunal riots in Aligarh and other placer,, which statements were known by them to be false ?
282 of 1972.
The poll was scheduled.
1 on the ground that he was the candidate of a party led by Shri Charan Singh as detailed in para 30 of the petition ?
in Aligarh and Koil was companypleted peacefully on March 1, 1971 and the appellant obtained the highest number of votes as will appear from the chart given below 367 377 378 379 380 City Koil Iglas Khair Chandaus Total Sarva Shri Amar Singh 205 559 603 760 868 3,995 Jagdish Gandhi 500 1,291 1,114 1,103 927 4,937 Pooran Singh Malan 18,385 4,165 310 337 386 23,583 Mohd.
Hardyal Hardy, S. S. Khanduja and S. K. Dhingra, for respondent No.
The polling.
Issue No.
