The petition was verified by the appellant as required under the Rules.
Baldev Raj Anand and also Sh Prithvi Raj Anand Officiating Health Officer, Municipal Committee Karnal, went to the, house of Sh.
It was, however, urged that Comrade Ram Piare and the remaining four candidates, namely, Piyare Lal, Kali Ram, Kalu Ramand Kashmira Singh, having been charged with companymitting companyrupt practices set out in the a aforesaid paragraphs were necessary parties.
This gratification and offer to the persons to stand in elections so that they may later withdraw from the elections to help the respondent was a companyrupt practice within the meaning of s. 123 1 A a B .
The appellant also filed an affidavit in which he stated that paragraphs 11 12 among other paragraphs were based on information received and were believed to be true.
Appeal by special leave under section 116A of the Representation of Peoples Act 1951 from the judgment and order dated the 2nd August 1972 of the Punjab and Haryana High Court at Chandigarh in Election Petition No.
After the polling on March 11, 1972, companynting took place on March 12, 1972 and the respondent was declared elected having polled 17719 votes, the other candidates Shanti Devi polled 16857 votes, Balwan Singh 1602 votes, Piyare Lal 1243 votes, Kali Ram 1203 votes, Kalu Ram 616 votes, Radhey Sham 542 votes and Kashmira Singh 180 votes.
The appellant filed a petition on April 24, 1972, challenging the election of the respondent Ram Lal on the allegations, inter alia, that the respondent, his election agent and other persons with his companysent, had companymitted various companyrupt practices detailed in the petition as falling within the meaning of sub ss.
2411 of 1972 decided on August 1, 1973.
It was companyceded by the respondents companynsel that there was number imputation of any companyrupt practice against Shanti Devi, Balwan Singh and Radhey Sham and accordingly there was numbernecessity to implead them.
2000 each to stand as candidates for elections and that on February 11, 1972, Kali Ram accompanied by Kalu Ram filed their numberination papers.
The respondent and sevel others were the companytesting candidates.
So this inducement to Sh.
practice were levelled against the successful candidate and number againstother candidates.
Out of these, eight candidates withdrew their candidature.
CIVIL APPELLATE JURISDICTION civil Appeal No.
4 of 1972.
1 to 7 of s. 123 of the Representation of the People Act hereinafter referred to as the Act.
Appellant appeared in person.
Sunder Lal Dhawan, Sh.
N. Mukherjee and N. R. Chaudhury, for the respondent.
The appellant, however, averred in reply that Ram Lal respondent alone was required to be made a party and it was number necessary to implead any other candidate or candidates as the allegations of companyrupt.
The Judgment of the Court was delivered by JAGANMOHAN REDDY, J. The appellant is a voter on the electoral roll of Karnal Assembly Constituency.
The learned Judge who tried the petition, after hearing the petitioner in person and the respondents companynsel, framed the following two issues Whether it was necessary for the petitioner to implead Sarvshri Ram Piare, Piyare Lal, Kali Ram, Kalu Ram and Kaslimira Singh as parties to the petition in view of the allegations in paras 9, 10, 11, 12 and 20 of the election petition ?
2384 of 1972.
The respondent filed a written statement on September 25, 1972, companytesting the allegations of various companyrupt practices made by the appellant and further raised some pre iminary objections one of which was that the petition was liable to be dismissed for numbercompliance with the provisions of s. 82 of the Act inasmuch as the persons against whom allegatione of companyrupt practice have been made such as Pivare Lal Kali Ram and Kalu Ram had number been joined as respondents to the petition.
For the purposes of this appeal, the various allegations made against the respondent in the election petition are number relevant.
At that election 16 candidates filed their numberinations which were declared as valid numberinations.
He challenged the election held on March 11, 1972, for the membership of the Haryana Vidhan Sabha from Karnal Constituency.
