R. C. Lahoti, C.J.I - (1.) -This appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter the Act for short) puts in issue an order passed by the designated Election Judge of the High Court, whereby an election petition filed by the appellant has been directed to be dismissed at the threshold as disclosing no cause of action.
(2.) The sole ground on which the election of respondent No.1 was sought to be challenged and set aside, is that the respondent No.1 had committed the corrupt practice within the meaning of sub-section (3) of Section 123 of the Act, which reads as under : "123. Corrupt practices- The following shall be deemed to be corrupt practices for the purposes of this Act :-********** (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate: Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause."
(3.) The said corrupt practice is said to have been committed by respondent No.1 in the public meetings held on 1-2-2002, 3-2-2002, 8-2-2002 and 9-2-2002. The relevant part of the averments made in this regard in the election petition are extracted and reproduced hereunder : "Jathedar Jagdev Singh Talwandi, had specifically named all the religious leaders including Sant Mahesh Muni ji, Borewale, Sant Balbir Singh, Lamman Jattpura, Sant Zora Singh, Badni Kalan, Nanaksar thath, Sant Niranjan Singh Ji Vaid, Sant Avtar Singh, Badni Kalan, Sant Bir Singh, Madoke, Member, SGPC, Sant Atma Singh, Dhurkot, Member, SGPC and Sant Bharpoor Singh Barmi Wale. He had called upon the people to cast their votes in furtherance to the wishes of their respective leaders and to keep their symbols high by letting his son - Sh. Ranjeet Singh Talwandi, to win from 54 - Raikot Assembly Constituency. Jathedar Jagdev Singh Talwandi himself was the President of SGPC, the supreme body of the Sikhs thus committing corrupt practice under Section 123(3). That thereafter, the above appeal was got published by respondent No.1 in Daily Ajit, A Punjabi newspaper published from Jalandhar in the issue dated 12-2-2002, photocopy of which is attached as Annexure P-2. A translated copy of the said appeal is attached herewith as Annexure P-2. The above appeal was issued by various religious leaders under their symbols, to the public and particularly to their followers for casting their votes in favour of the respondent No.1 and is corrupt practice under Section 123(3)." "That Jathedar Jagdev Singh Talwandi, the father of respondent No.1 along with the respondent No.1, in several public meetings held on 8-2-2002 and 9-2-2002, announced that all the religious leaders of the area have appealed to the public to cast their votes in favour of respondent No.1 and as such, the people should vote in accordance with the wishes of the said leaders, under whose religion/symbols, the said people are followers." ;