TIRATH SINGH NARAIN SINGH Vs. BACHITAR SINGH MIT SINGH
HIGH COURT OF PUNJAB AND HARYANA
TIRATH SINGH NARAIN SINGH
BACHITAR SINGH MIT SINGH
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(1.) This is a petition by S. Tirath Singh under Article 227, Constitution of India for quashing an order of the Election Tribunal, Barnala (Pepsu) published in the Government of India Gazette, dated 8-8-1953, whereby the Tribunal besides declaring the election of the Dhuri Constituency of Pepsu Legislative Assembly to be wholly void, recorded a finding that corrupt practice of bribery falling under Clause (b) of Sub-section (1) of Section 123, Representation of the People Act, 1951, was proved to have been committed by S. Tirath Singh Petitioner, and on the ground disqualified him, as proved by Section 140 of the said Act, for membership of Parliament and of Legislature of every State for a period of 6 years.
(2.) The facts giving rise to the petition are these; S. Tirath Singh who was a Minister in the interim Government and was in charge of the Local Self-Government Department when last elections of Dhuri Constituency for the Legislative Assembly of the Pepsu were held, was duly elected from that constituency. S. Bachittar Singh, Respondent No. 1, questioned the election by means of a petition duly presented to the Election Commission of India. The election petition was forwarded to the Election Tribunal, Barnala (Pepsu) for trial and decision. In the petition, S. Bachittar Singh took a number of grounds in support of his prayer that the election be declared to be wholly void and in the alternative that the election of S. Tirath Singh be declared to be void and S. Sarwan Singh, Anr. candidate from the said constituency, be declared to have been duly elected. 'Inter alia it was urged that S. Tirath Singh had been guilty of certain corrupt and illegal practices.
(3.) List "A" attached to the petition contained 8 instances of corrupt practices under the subhead ''Bribery", list "B" referred to three instances of "Undue Influence" and the last list (C) described "Other corrupt practices of obtaining assistance of Government servants". With respect to each of the grounds urged in the petition, the Tribunal framed a separate issue. Amongst them issues Nos. 4 to 15 related to the corrupt and illegal practices enumerated in the lists, and No. 3 was with respect to improper rejection of nomination papers filed by Anr. candidate, S. Mali Singh, and its effect on the result of the election, Issue No. 3 was decided by the Tribunal in favour of the Petitioner (S. Bachittar Singh) and, therefore, the election was. declared to be wholly void. Out of the issues relating to corrupt and illegal practices all except issue No. 5 were decided against Bachittar Singh. The rest of the material issues were similarly held not to have been proved.,;
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