Sarkaria J. - (1.) Ch. Rizak Ram, Ch. Jaswant Singh Chouhan and three others, contested the election to the Haryana Vidhan Sabha from 'Rai-37' Haryana Vidhan Sabha Constituency. The poll was held on March 11, 1972. The result was announced on March 13. 1972. Ch. Rizak Ram was declared elected having secured 19631 votes as against 18072 polled by Ch. Jaswant Singh, his nearest rival.
(2.) Ch. Jaswant Singh, respondent (to be called the petitioner hereafter) filed an election petition under the Representation of the People Act, 1951 (herein" after called the Act) challenging the election of the appellant on various grounds, of which the following only survive for the purpose of this appeal: (a) The returned candidate hired on payment of Rs. 200/- or procured otherwise than on payment. Truck No. HRR - 5167 belonging to Lakhi Ram son of Hira, resident of Turakpur and on March 11, 1972, used that vehicle for the free conveyance of electors named in Sch. 'A' annexed to the election petition, from village Turakpur to the Polling Station at Mandaura (vide Paras. 7 (i) and (ii) and 13 of the petition); (b) The returned candidate or his agent Sube Singh, Jat resident of Kheri Mana and /or Om Parkash of Basantpura alias Bhera Bakipur, hired - on payment of Rs. 200/- or procured otherwise Tractor No DLL-9 make Hindustan, and Trailer No. MPE-8748 belonging to Shiv Lal son of Tirkha Ram and driven by Richhpal Singh and used the same for free conveyance of voters on March 11, 1972, from village Aurangabad alias Brahman was to Jakhauli Polling Station (Paras, 7 (vi) and 13 of the Petition) (c) The returned candidate on the polling day paid a sum of Rs. 7,000/- to Mange Ram son of Khusi Ram of Mandaura and his daughters and sons, by way of compensation in respect of the fatal injuries received by Mange Ram in an accident, caused by the driver of Truck No. HRR-5167 while carrying the voters of village Tarakpur free of charge. The returned candidate has failed to show this amount of Rs. 7,000/- and the sum of Rs. 400/- being the total hiring charges of the aforesaid truck and tractor, in the return of election expenses submitted by him under Section 78 of the Act. On addition to these undisclosed items, the total of the election expenses incurred by him exceeds the permissible limit of Rs. 9,000/- (Paras. 7 (iii). 10, 13 and 14 of the Petition).
(3.) After considering the pleadings of the parties, their clrificatory statements and the abandonment of some allegations by the petitioner, the learned trial Judge condensed the controversy pertaining to the above grounds into these Issues: Issue No. 1: Whether Respondent No. 1 hired on payment truck No. HRR-5167 belonging to Shri Lakhi Ram son of Hira, of Turakpur, and used the same for the free conveyance of electors, named in Schedule 'A' to the petition, on March 11. 1972 from village Turakpur to the polling station at Mandaura Issue No. 2: Whether Suba Singh of village Kheri Mana Jat was an agent of Respondent No. 1 within the meaning assigned to that expression in Explanation (1) to Section 123 of the Act Issue No. 4: Whether the respondent hired on payment tractor No. DLL-9, make Hindustan, and Trailer No.MPE-8748 belonging to Shri Shiv Lal son of Tirkha Ram, and driven by Richhpal Singh, and used the same for free conveyance of voters from village Aurangabad alias Brahman was to Jakhauli Polling Station Issue No. 5: Whether respondent No. 1 paid Rupees 200/- as hire charges for Truck No 5167 and Rs. 200/-each to the owners or drivers of the tractors for their use for free conveyance of voters. If so, has the respondent shown the said expenditure in the return of election expenses If not, what is its effect Issue No. 7: Whether the respondent paid a sum of Rs. 7,000/-, by way of compensation in respect of injuries and death of Mange Ram as alleged in paragraph 10 of the petition. If so, has the respondent included the said amount in the return of his election expenses If not, what is its effect ;