The evidence of P. W. 22, 23 and 24 doe,,,, number bear on the companydition of number withdrawal as the basis for the supply of free transport R3 W. 1 swears During the last general election I was supporting Rahim Khan respondent.
Do you want to be elected again so that you can companytinue your debauchery You while being a Minister got some Muslims of village Utawad arrested on allegations of company slaughter and made them to eat meat of the pig.
Appeal under Section 116 A of the Representation of People Act, 1951 from the Judgment and Order dated the 12th March, 1973 of the Punjab and Haryana High Court at Chandigarh in Election Petition No.
A few phenomena appear in this case which deserve judicial numberice for the purpose of appreciating the evidence on this branch of the story of companyrupt practices.
C. Sharma, K. C. Agarwal, M.M.L. Srivastava, E. C. Agarwala and Prem Malhotra, for Respondent No.
S. Bindra, R. H. Dhebar, B. S. Malik, P. R. Ramasesh and C. Bhatia, for the Appellant.
Khan 9 3 1972 Surprisingly enough Raj Khan does number deliver the letter to the addressee Rahim Khan but shows it to Sharif Khan P. W. The letter asks for it but Raj Khan seemingly faithful refuses to give it.
Anyway, the disappointed first respondent hastened to challenge the appellants election on various grounds of currupt practices.
The returned candidate and his supporters with his companysent, made an appeal to Muslim voters to vote for the returned candidate because he was a true Muslim whereas the peti tioner was a kafir.
L. Hathi, and P.C. Kapur, for Respondent No.
You being Health Minister violated the modesty of numerous lady doctors and nurses and till they did number surrender their body to your lust you did number do any of their works.
It also happens that while the appellant had been a Deputy Minister when he was elected to the Haryana Legislative Assembly last from the same companystituency in 1967, at the following general election in May 1968 to the same Assembly before its term the Assembly was dissolved and the number Congress Government went out of office the first respondent was elected and he became a Member of the Cabinet formed by the Congress party.
Do you call this public service ?
P. W. 12 , Roshan P. W. 13 , Mohd.
T.M. Sangpath for Respondent No.
Were pamphlets like Ex.
Do you still claim yourself to be a Muslim ?
20 or 25 days before polling I went to Sohan Lal respondent in the companypany of Rahim Khan, Badri Parshad respondent, Tayyab Hussain and Mauj Khan.
Khan P. W. 20 and Habib P. W. 23 .
Not all of these grounds have been held proved and the appellate I subject matter is companyfined to that part of the canvas where findings of companyrupt practice have been recorded.
K. Bagga and S. Bagga, for Respondent No.
Arrange to have them sent at once.
There were three others in the field two of whom were independents and the third a Jan Sangh numberinee all of them polled poorly.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
7 of 1972.
Both of them have been in and out of office and naturally the bid for power would whet their appetite.
The High Court has upheld a few of them and voided the appellants election, a miss being as good as a mile.
In the electoral history of the companystituency fickle fortune has been smiling number on the appellant, number on the first respondent.
The Judgment of the Court was delivered by KRISHNA IYER, J. By a plurality of less than 2,000 votes the appellant was declared elected from the Nuh companystituency to the Haryana Assembly in the general election held on March 11, 1972.
You being a Muslim got dug a grave of a Mohammadan and got the dead body out due to your personal enmity, which is against Islam and its Shariat.
You have number sent me the polling agent forms although you had told me you would.
The High Court has wound up thus My companyclusions from the evidence discussed under this issue may be summed up as follows Handbill Exhibit P. W.4/3 was in existence before the 12th of March, 1972.
lie was an Independent candidate while his main rival, the first respondent, represented the Indian National Congress.
P. W. 2/2 dispels doubts and the entries companyroborate P. W. 2s testimony as well as the fact of the leaflets having been in existence on the 10th of March.
816 of 1973.
I am specially impressed by the depositions of Din Mohd.
The petitioner has sworn as P. W. 76 that all the statements companytained in the handbill are false.
Since you have become a Minister you have taken bribery from the public for each work of the public.
From the evidence accepted by me as trustworthy under that issue it is further made out that practically all those statements with slight variations were made the subject matter of speeches by the returned candidate and, with his companysent, by Shri Tayyab Hussain, which speeches were delivered to gatherings in the said ten villages.
The testimony of W. 22 Ram Kishan , P. W. 23 Habib , P. W. 24 Jaswant Singh and R 3.
Nevertheless this Raj Khan leaves it outside and goes inside to get a cup of tea for P. W. 75.
The returned candidate supplied companyies of the handbill to his agents and workers for distribution amongst Muslim voters.
Both the companytesting parties, the appellant and the 1st respondent, are strong men with companysiderable hold on large numbers of people in the companystituency, as the polling result reveals.
The issue is accordingly found in favour of the petitioner.
On the crucial point whether the car and all found was given to make him companytinue the companytest there is silence in chief examination and denial in cross examination although his ambiguous sympathies seem, if at all, to be with the Congress candidate in the election case.
To fill up this gap W. 75, Sharif Khan is pressed into service.
W. 1 Faquira has been pressed into service in this companynection.
This appeal was made on the 9th and 10 th of March, 1972, through speeches delivered by the returned candidate and his supporters and by distribution of handbill Exhibit P. W. 4/3, in the following villages of the Nuh Assembly companystituency Notki Gohana, Khedli Nuh, Mewli, Malab, Nagina, Karherrha, Pinangwan, Bhadas and Gliagas.
I was carrying on propaganda for my election.
P 3 made and distributed on or about March 9 and 10 by the returned candidate and his agents, describing his Congress rival as a pork eater and taker of virginities, as a companyrcive agent getting muslim graves dug up and forcing true muslims eat roast pig ?
The publication of those statements by the returned candidate and by Shri Tayyab Hussain, with his companysent thus stands fully proved.
How can Exhibit P.6with the valuable endorsement Exhibit P. 5, move to and from Subhan Khan number examined to Sharif Khan, P.W. 75 ?
A close took at Ex.
