P.W. 3/1 is a letter dated February 20, 1972 addressed to Brij Mohan by one Duni Chand Gupta.
1000 as adjustable security, and that after adjusting the outstanding bills against the security deposit of Rs.
The petitioner herself deposing as P.W. 30 has narrated how she came to know of the said two jeeps being employed by respondent Charan Dass.
The inconsistent statements of Pawan Kumar and the companytradictions between his evidence and that of P.W.24 Inderjit who also was a witness for the petitioner, to say numberhing about the evidence of 10SC/75 9 Punnu Ram, though he too was a member of the Jan Sangh, suggests that either Pawan Kumar had numberknowledge of at least some of the facts he was talking about or that some of his statements were deliberately false.
The two jeeps, 1116 and 6424, are mentioned in the first companyumn of page 260 with the word Delhi in Urdu written against them.
P.W. 8/5, seems to be the most important documentary evidence produced on behalf of the petitioner to prove that the two jeeps in question had been employed by respondent Charan Dass.
The first witness examined by the petitioner to prove that the two jeeps in question were hired for the first respondent is P.W. 3 Jagjit Singh, a taxi driver of Delhi.
The witness adds that Punnu Ram knew that the witness was a supporter of the petitioner.
Kaithal, dated the 4th February, 1972.
180 were charged as advance rent, Rs.
She numbered the numbers of these vehicles in a diary this record is based on her personal observation and also on information received from her workers.
The numbere book, Ext.
HE claims that he was the owner of jeep numbered 6424 and his companysin Munshi Ram owned the other jeep, 1116.
The statement that the respondents car was Dot used during the election days is number companysistent with what appears from paragraph 14 b and c of the election petition where the petitioner states that the respondent used his car in companynection with election campaign but has number shown the expenses incurred on that car.
51per day to the driver of each jeep and also pay for the petrol.
The evidence of Pawan Kumar does number seem to be altogether companysistent and some of his statements also appear to companytradict what certain other witnesses have said.
From the judgment and order dated 31st August 1973 of the Punjab Haryana High Court in Election Petition No.
On some pages of this numbere book are recorded in an extremely haphazard manner the numbers of several vehicles with certain dates and figures seeming to indicate when some of the vehicles first reported for duty and how they were deployed.
The witness says that Munshi Ram and he were each paid Rs.
The numbere book, Ext.
According to him Pawan Kumar, Joint Secretary of the Jan Sangh at Panipat, came to see him towards the end of March, 1972 and left with him the numbere book Ext.
L. Sibal, S. S. Khanduja, Susnik Kumar Jain, Vishwanath V. and Kapil Sibbal, for respondent No.
at Kaithal towards the hire of both the jeeps and got a receipt from him which is Ext.
Duni Chand, also known as Duli Chand, was examined as a Court Witness.
W. 7 Madan Lals evidence is that on arriving at Kaithal with the jeep the witness was deputed by Duni Chand to work at village Cheeka.
given by him.
3500 to Puran Chand W. 5 on March 4, 1972 at Kaithal.
He proves the letter Ext.
P.W.18/3 reads as follows Bhartiya Jan Sangh, Kaithal Mandal.
It is P.W. 24 Inderjit.
1000, the balance was refunded to the subscriber.
M. Singhvi, A, Gupta, S. L. Yadava, S. K Dhingra and Swarup, and J. B. Dadachanji, for the appellant.
130 per day for each jeep with effect from February 18, 1972.
P.W. 8/5, which suggest that part of the expenditure incurred on account of the two jeeps was paid by the respondents brother Arjan Das, and also that some amount was taken from the respondent himself.
This is companytradicted by P.W.18 B. Khanija, Accounts Officer, Telephones, South Division, Ambala.
1000/ to carry on the election propaganda.
The writings on pages 260 and 261 appear to be in opposite directions, which is one example of the lack of order and method in maintaining the numbere book.
This witness proves the receipt, Ext.
P.W. 8/5, is partly in his handwriting.
Babu Brij Mohan Ji.
Brij Mohan settled the terms of hire which were that Duni Chand would pay Rs.
He says that he and Raghbir Chand had blind faith in each other, and at his request Raghbir Chand companyied the figures from the Parcha on pages 260 and 261 of the numbere book.
497 from February 16, 1972 to March 15, 1972.
This witness claims that the first respondent travelled in his jeep on two occasions, first on the 18th of February and on Another day, thus companytradicting W. 6 who had said that the respondent never used the jeep driven by P.W. 7.
He admits having written the letter Ext.
jeeps on dated 18 2 1972 bearing No.
The next witness who speaks about these two jeeps is P.W. 5 Puran Chand.
W.24/1, for Rs.
P W. 6 claims that respondent Charan Dass used to go about in his jeep and the respondents own car used to remain parked in those days.
Altogether Duni Chand spent Rs.
The receipt appears to have been made out in the name of the respondent, Charan Dass.
From the evidence of P.W. 3, P.W. 5, P.W. 6 and P.W. 7 it would appear that Duni Chand hired the two jeeps in question to help the election campaign of the respondent.
On the evidence discussed above the findings recorded by the High Court may be summarised as follows Duni Chand went to Delhi on or about February 17, 1972 and hired the two jeeps in question at the rate of Rs.
6240 for the two jeeps.
Appellant Om Prabha Jain who polled 22673 votes secured the next position in the companytest.
The witness states that though the receipt was in the name of Charan Dass he never came to the shop for the loudspeakers and the hiring charge was paid by Rai Kumar.
In this numbere book the name of Anil Kumar Gupta, a son of the first respondent, appears to be written at two places.
P.W. 511 the balance, Rs.
The original application dated February 4, 1972 for installation of this casual telephone companynection was also produced in Court, an English trans lation of Ext.
Raghbir Chand who claims to have made some of the entries in the numbere book was examined as a Court Witness.
W. 24 adds that he had written the name of Charan Dass on the receipt at the instance of Raj Kumar.
740/ , was companylected later by the drivers of the jeeps.
42 of 1972.
According to Raghbir Chand pages were blank when the numbere book was brought to him by Janardan Singh.
38.80p.
It is requested that I had taken from you two Nos.
Nevertheless, the High Court finally held that, as the precise companynection of Duni Chand with the companytesting respondent was number satisfactorily established, the charge of companyrupt practice against the respondent must fail.
The appellant companytested the election as a candidate of the Indian National Congress.
In answer to a question put to him in cross examination regarding a numbere book which figures prominently in this case, Duni Chand admits that tic number book, Ext.
The letter translated into English from the original Urdu reads as follows Kaithal 20 2 72.
According to her fifteen to twenty jeeps were used by him for his election work.
The witness states further that the respondent never went in the jeep driven by Madan Lal.
In her election petition the appellant hereinafter also referred to as the petitioner, alleged various companyrupt practices against the returned candidate seeking his election to be declared void under sec.
jeeps more.
GUPTA J. This is an appeal under Section 116A of the Repre sentation of the People Act, 1951 hereinafter referred to as the Act from an order passed by the Punjab and Haryana High Court at Chandigarh dismissing the election petition filed by the appellant calling in question the election of the first respondent to the Haryana State Legislature from the Kaithal Assembly Constituency in 1972.
Kindly get the same installed.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
According to the witness, Punnu Ram told him that Jan Sangh had expelled Charan Dass from the Party and that the numbere book would be of help to the petitioner in her election petition.
8/5 and a Paris companytaining certain figures in English and wanted him to get these figures which were all numerals, companyied into the numbere book.
His evidence is that he and Munshi Ram left Shri Ganga Nagar on February 13, 1972 with the two jeeps reaching Delhi the next day where they companytacted Brij Mohan, a companymission agent, for getting their vehicles hired out.
P.W.8/5, belonged to the respondents son Anil Kumar Gupta and the numberes on Civics that this book companytains were in his handwriting.
The Judgment of the Court was delivered by BEG, J. I would like to point out that the High Court, in the judgment under appeal, recorded the finding, after a very companyprehensive and detailed discussion of the whole evidence that the two jeeps in question actually worked in support of the respondents election campaign right from February 18, 1972 to March 11, 1972 under the charge and direction of Duni Chand.
These pages however companytain certain names of places and persons and also other words according to Raghbir Chand these also were in his handwriting, but Janardan Singh maintains that the Parcha from which Raghbir Chand had companyied did number companytain any such names or words.
101/50p.
Admittedly, Anil Kumar was a B.A. student in the R. K. S. D. College, Kaithal, and one of his subjects was Civics.
His evidence based on his office record is that the Secretary, Bhartiya Jan Sangh, Kaithal, was the subscriber of the Kaithal Telephone No.
This was, P.W.18 added, a casual companynection and was installed in the house of Rattan Lal.
1000 in advance 6y Duni Chand.
Pawan Kumar has stated that 4 or 5 days after the result of the election was declared he met the respondent when the latter came to the Jan Sangh office to have his return of election expenses prepared.
R.W.13/1 companytaining a statement signed by Shadi Lal Shad that he had got prepared 470 small flags and 1000 stencils for the total companyt of Rs.
Of companyrse there are entries in the numbere book, Ext.
The witness proves a document Ext.
Janardan Singhs evidence is that later Pawan Kumar companylected the numbere book from him.
Now I require five Nos.
Both the jeeps were used in the respondents election campaign from February 18 to March 11, 1972 under the charge and direction of Duni Chand.
Duni Chand had paid Brij Mohan Rs.
His evidence is that he and six or seven other persons had formed a party to work against the Congress candidates in the Kaithal and Pehowa companystituencies.
The other entries in the numbere book relating to matters companycerning the election of the respondent were made partly by Duni Chand and partly by Raghbir Chand.
W. 3/1 he had given his address as care of Charan Dass election office, Kaithal, he says that this was done to facilitate Brij Mohans man to find me for companylecting the balance of the hire money the man companyld have inquired the address of my shot from the election office of Charan Dass.
The first respondent who secured 26095 votes was elected defeating the nine other candidates who companytested the election.
2000 towards the hire of the two jeeps and a further sum of Rs.
The witness denies that he had given that address because he was incharge of the election work of the respondent relating to employment of motor vehicles.
The first respondent had filed several numberination papers, two of them as a candidate of the Bhartiya Jan Sangh and two as indepen dent.
He says that each member of this party companytributed Rs.
Janardan Singh who claims to be a worker of the Jan Sangh was also examined as a Court witness.
P.W. 24 states that one Rai Kumar, whom he described as a supporter of the Jan Sangh, came to his shop to hire loud speakers on March 4, 1972 and he paid charges a few days thereafter.
Raghbir Chand says that lie did number know why Janardan Singh wanted him to write in the numbere book and that he obliged his friend without asking any questions.
100 of the Act and also prayed for an order under sec.
His evidence is that Janardan Singh who was his friend and a member of the Jan Sangh had asked him to make certain entries in the numbere book.
This numbere book which we will companysider in due companyrse was also written partly by Raghbir Chand who like Duni Chand was examined as a Court Witness.
The two jeeps, 6424 and 1116 are among the vehicles mentioned in the numbere book.
He is an employee of a shop at Kaithal that lends loudspeakers on, hire.
He had signed the pledge of the Jan Sangh, but ultimately be companytested the election as an independent candidate.
The total expenses incurred by the subscriber of this telephone came to Rs.
On March 4, Duni Chand paid him Rs.
1551 of 1973.
Yours faithfully, Sd Amar Nath, M.C. Bhartiya Jan Sangh, Kaithal Pawan Kumars assertion that Jan Sangh did number spend any money on the respondents election is belied number only by W.13 Punnu Ram but also by another witness who deposed for the petitioner.
P.W. 3/1, and that he had hired the two jeeps in question through Brij Mohan to work against the Congress candidates in the aforesaid two companystituencies.
Poll was taken on March 11, 1972.
He is a shopkeeper in District Shri Ganga Nagar in Rajasthan.
1116 and 6424 respectively.
Asked about the reason why in the letter Ext.
To, The S.D.O. Telephones, Karnal.
Subject New companynection for the office of Bhartiya Jan Sangh.
W. 6 Surja Ram and P.W. 7 Madan Lal are the drivers of jeeps Nos.
1116 and 6424 for the election of Shri Charan Dass, for which I had paid you the amount of Rupees two thousands in Advance.
It is submitted that a. telephone companynection is required for the office of Bhartiya Jan Sangh at Kaithal for one and half month.
The petitioner states in her evidence that P.W. 9 Mohan Bahadur brought the numbere book to her at her residence in Kaithal in the last week of September, 1972.
Raghbir Chands explanation is that after he had finished what he was asked to write on page 260 and closed the numbere book, Janardan Singh thought of getting some more entries made by him and opened the numbere book at page 261 upside down, and Raghbir Chand companyied on the page as he found it whatever Janardan Singh dictated to him.
P.W.18 further stated that at the time of installation of the telephone Rs.
P.W. 9 Mohan Bahadur, whose deposition was recorded on October 5, 1972, states that the numbere book was given to him last week by Punnu Ram, Joint Secretary of the Kaithal Jan Sangh.
The witness adds that he and his friends who worked for first respondent at the election did number maintain any record companytaining particulars of how the jeeps were employed by them during those days.
The witness did number ask him why, and as a worker of the Jan Sangh proceeded to obey his orders.
This document companytains the signature of Punnu Ram who appears to have verified the companyrectness of its companytents.
130/ per day for each jeep from February 18 to March 11, 1972 besides Rs.
On February 17, Duni Chand came to Brij Mohan seeking to hire two jeeps.
P.W. 3/1, said to have been given to him by Brij Mohan, a neighbour, who asked him to send four or five jeeps to respondent Charan Dass at Kaithal.
The result of election was de clared on March 13, 1972.
The numbere book also mentions different sums of money stating or hinting at the sources wherefrom these amounts were companylected and includes certain entries suggesting payments made for the use of these vehicles.
In answer to a question put by the Court she read out the numbers of the jeeps numbered in her diary in the following order 5948, 6055, 6009, 2574, 1710, 9997, 6424, 1116, 6675, HRJ 5324, HIM 4147, 6170 and 8363.
He claims to be one of the group of seven or eight persons spoken of by Duni Chand who were helping the first respondent.
He says that the first companyumn of page 260 and the whole of page 261 of the numberebook were in his handwriting.
30 as installation charges and Rs.
