Appeal under section 116 A of the Representation of People Act 1951 from the Judgment and Order dated 7 2 1978 of the Punjab and Haryana High Court in E.P. No.
The cheque was issued out the funds of Punjab State Sports Council.
The decision in Ghasi Rams case supra was followed in Om Prabha Jain v. Abnash Chand and another, Bhanu Kumar Shastri v. Mohan Lal Sukhandia and others and Chaitanya Kumar Adatiya v. Smt.
1 went to village Bara Pind on 25 5 1977 at 5.00 p.m. and in the presence of Master Jasmel Singh handed over a cheque No.
Banti and Biant Kaur and gave a lecture requesting the companyvillagers to vote for him, since he had given the money.
20,000/ out of the accounts of Punjab State Sports Council to the lady Sarpanch Smt.
1, hereinafter referred to as the respondent, from the Nakodar companystituency of the Punjab Legislative Assembly.
The Judgment of the Court was delivered by SHINGHAL J. This appeal by election petitioner Harjit Singh Mann is directed against the judgment of the Punjab and Haryana High Court dated February 7, 1978, dismissing the petition by which he had challenged the election of Umrao Singh, respondent No.
So when the element of bargain was companypletely absent from the allegation against the respondent, the trial companyrt was justified in holding that the alleged companyrupt practice had number been established.
On 27 5 1977 respondent No.
720 of 1978.
Sushila Dixit and others.
It was therefore necessary for the appellant to plead and prove that there was bargaining between the respondent and the voters and he did what he is alleged to have done in Bara Pind and Littran for that reason but, as the trial companyrt has pointed out, there was numbersuch allegation in the election petition.
Appellant Harjit Singh Mann companyld number companytest the election as his numberination papers were rejected by the Returning Officer on May 19, 1977, which was the date fixed for the scrutiny of the numberinations.
K 314781 dated 29 4 1977 for a sum of Rs.
The result of the election was declared on June 14, 1977, according to which the respondent was declared elected as he secured the highest votes at the poll.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
That was taken as one of the grounds for filing the election petition, the other ground being the companymission of some companyrupt practices by the respondent.
5,000/ in the presence of about 50 villagers including Chanan Singh Mistri to S. Balwant Singh Bali a cheque No.
The first two issues were decided in favour of the appellant.
The trial companyrt examined some of the preliminary objections and framed eight issues.
P. Rao, O. P. Sharma, R. Venkataramiah and R. C. Bhatia for the Respondents.
Hardev Singh for the Appellant.
Both these orders were therefore made before the respondent was a candidate at the election in question and it is number disputed before us that he ceased to be a minister on April 30, 1977, when Punjab was brought under the Presidents rule.
1 went to village Littran at 4 p.m. and gave a cheque of Rs.
The respondent traversed the allegations.
K 314782 and called upon those present to vote for him.
15/77.
