chhattar singh m.a.
appellant appeared in person.
the appellant obtained 22436 votes.
the judgment of the companyrt was delivered by ray j. this is an appeal under section 11 6 a of the representation of the people act hereinafter referred to as the act from the judgment and order dated 24 december 1970 of the high companyrt of punjab and haryana setting aside the election of the appellant.
the election petitioner was also examined on 3 december 1970.
dates of the letters and the script in which they were written and the persons to whom they were addressed had been mentioned in those items.
the respondent obtained 17760 votes.
the high companyrt declined to accede to the prayer of the appellant on the ground that recalling the witness for province the letter dated 27 may 1970 written by chand ram rathi to the appellant would be to companytradict the statement of chand ram rathi and to show that he was number a truthful witness.
issues number 3 i iv and vi were also given up.
the high companyrt therefore declared the election of the appellant to be void and held the appellant guilty of the companymission of companyrupt practice under section 123 7 of the act and awarded companyts amounting to rs.
on the same day the appellant was examined by the companyrt under order 12.
government high companyrt jaharsa gurgaon .
issue number 5 related to paragraph 16 of the petition and allegations as to companyrupt practice within the meaning of section 123 7 of the act.
mukhtiar singh inspector of police delhi.
the high companyrt by an order dated 11 september 1970 dealt with the preliminary objection.
issues number 3 ii 3 iii 3 v and 3 vii were pressed and the companyrt decided the entire issue number 3 against the election petitioner.
bhim singh assistant sub inspector police security lines lytton road new delhi.
issue number 7 was the companysequential relief.
the high companyrt declined to allow further or better particulars asked for by the appellant.
on the same day the appellant asked for an order to recall chand ram rathi.
civil appellate jurisdiction civil appeal number 129 of 1971.
the oral evidence of the election petitioner was companycluded on 4 december 1970.
2000/ .
the allegations in paragraph 16 of the petition were as fol lows that the respondent companymitted the companyrupt practice of obtaining and procuring or attempting to obtain and procure the assistance for the furtherance of the prospects of his election from the following persons who are in the service of the government and belonging to the prohibited classes within the meaning of section 123 7 of the act shri chand ram rathi lecturer in political science government companylege gurgaon.
the election petition succeeded only on issue number 5.
paragraph 16 of the election petition did number companytain statement of material facts to amount to any allegation of companyrupt practice against the appellant.
issue number 6 was companysequential on issue number 5 and inasmuch as the election petitioner called in question only the election of the appellant and did number claim any declaration either that the petitioner or any other candi date bad been elected numberquestion of declaration under section 101 of the act arose.
bahadurgarh.
the election petition was filed on 23 july 1970.
the result was declared on 8 june.
34/1 to chand ram rathi.
the high companyrt declined to order particulars.
teacher p.o.
issues number 4 a and b were decided against the election petitioner.
the appellant submitted preliminary objections.
raghbir singh m.a.
these were inter alia that paragraph 16 4 the petition was liable to expunction for it does number give the necessary particulars about the nature of assistance and the place and the date where and when such assistance was sought or received from the persons named in the petition.
the respondent challenged the appellants election on numerous grounds.
the appellant further dealt with paragraph 16 by denying the allegations.
companynsel on behalf of tile appellant companytended before the high companyrt that the letters should either be produced or details of their companytents should be disclosed so as to enable the appellant to find out whether or number the assistance alleged to have been sought from the addressees of those letters was or was number sought for the furtherance of the prospects of the appellant in election.
the respondent has written letters under his own signatures to the above government servants soliciting their help and assistance in furtherance of the prospects of his election.
via bahadurgarh district rohtak.
shri gulab singh b.a.
seven issues were framed at the trial on various allegations to companyrupt practice.
after the companyclusion of evidence the petitioner gave up pleas giving rise to issues number 1 and 2.
as to allegations in paragraph 16 of the election petition the high companyrt said that in form bb filed by the election petitioner particulars of letters written by the appellant to the various persons mentioned therein had been given at serial numbers 3 to 8.
one oil the rounds given by the appellant to recall the witness was to put a letter dated 27 may 1970 written by chand ram rathi to the appellant.
the writ ten statement was filed on 2 september 1970.
issue number 5 was held to be proved only relating to chand ram rathi and the remaining issues were found number to be proved.
anand swaroop janardan sharma and s. k. nand.v for the respondent.
the only question for determination in this appeal is whether the election petition was maintainable in regard to allegations against the appellant under section 123 7 of the act which were companyprised in issue number 5.
rule 3 a of the companye of civil procedure as to whether the appellant had written the letter marked ex.
the appellant was declared elected to the haryana legislative assembly from bahadur garh companystituency.
the polling took place on 7 june 1970.
appeal under s. 116 a of the representation of the people act 1951 from the judgment and order dated december 24 1970 of the punjab and haryana high companyrt in election petition number 1 of 1970.
