Verma, J. - (1.) This Election Petition calls in question the election of Shri K. R. Narayanan as the Vice-President of India. A Notification dated 17-7-1992 was issued by the Returning Officer for the election of the Vice-President of India, specifying 31-7-1992 as the last date for filing the nominations. Petitioner Kaka Joginder Singh alias Dharti Pakad and respondent Shri K. R. Narayanan filed their nomination papers; and in the scrutiny held on 1-8-1992, the nomination papers of both of them were found to be valid by the Returning Officer. Petitioner raised objection to the validity of the nomination papers filed by the respondent, at the time of scrutiny, but the objections were rejected. These two persons alone were declared to be validly nominated candidates; and the polling was held on 19-8-1992 as a result of which the respondent, Shri K. R. Narayanan, was declared duly elected as the Vice-President of India. On 17-9-1992, this election petition was filed challenging the election.
(2.) The election of the returned candidate is challenged by the petitioner on two grounds, namely, (i) wrong acceptance of the nomination of the returned candidate, a ground under Section 18(1)(c) of the Presidential and Vice-Presidential Elections Act, 1952 (called the Act; and (ii) commission of the offence of undue influence at the election, a ground under Sec. I8(1)(a) of the Act, by issuance of a whip by the Congress (I) Party to vote for the respondent at the election. The material part of Section 18, for the purpose of the present election petition, is as under :- "18. (1) If the Supreme Court is of opinion,- (a) that the offence of bribery or undue influence at the election has been committed by the returned candidate or by any person with the consent of the returned candidate; or ********** (c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted; the Supreme Court shall declare the election of the returned candidate to be void. (2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in Chapter IX-A of the Indian Penal Code."
(3.) The facts relevant for the aforesaid two grounds on which the election petition has been filed are now stated. The competence of the petitioner to file this election petition as a candidate is not in dispute. The only question is : Whether both or any of the grounds on which the election petition has been filed have been made out;