PAKHAR SINGH Vs. GURBANTA SINGH

JUDGEMENT

(1.) THIS is an Elector's petition. Under Ss. 80 and 81 of the Representation of the people Act, 1951, (hereinafter referred to as the Act), challenging the election of shri Gurbanta Singh, respondent No. 1, to the Punjab Legislative Assembly, from kartarpur (Reserve) Constituency. It is alleged in the petition that Harbans Singh, respondent No. 3, had also filed his nomination papers from this constituency for contesting the election; that on 12th February, 1972, at about 8. 00 A. M. respondent No. 1 along with his son, Jagjit Singh, went to the residence of Karam singh, Sarpanch, where they met Harbans Singh, respondent No. 3, Jagir Singh, sarpanch of village Sagwal was already present there. After some discussion, respondent No. 1 agreed to pay Rs. 5000/- to respondent No. 3, in case the latter withdrew his nomination. Respondent No. 1 gave an amount of Rs. 5000/- to karam Singh Sarpanch, for being handed over to Harbans Singh, i. e. respondent no. 3, after the latter had withdrawn his nomination. In pursuance of the offer of bribery respondent No. 3 withdrew his nomination on 12th February, 1972. In this manner, it was alleged that respondent No. 1 had committed the corrupt practice of bribery as defined in Section 123 (1) (A) (a) of the Act.

(2.) IN the written statement, respondent No. 1 traversed these allegations, and so did Hari Singh, respondent No. 2. The parties went to trial on the following issue:-

(3.) THE evidence of Karam Singh, P. W. 1. cannot be believed for the following reasons: