Harbans Singh, J. - (1.) FROM the double -member constituency of Kartarpur in district Jullundur, Shri Gurbanta Singh for the seat reserved for a Scheduled Caste candidate, and Shri Karam Singh Kirti for the general seat, fought election on Congress ticket and were declared elected during the last general elections to the Punjab Legislative Assembly. On a petition filed by two of the unsuccessful candidates, namely Sarvshri Piara Ram and Mota Singh, the Election Tribunal, Chandigarh, declared the election of both the successful candidates to be void. Two separate appeals have been filed against this order, one by Shri Gurbanta Singh and the other by Shri Karam Singh Kirti (First Appeals from Orders Nos. 207/E and 211/E of 1958.) This order will dispose of both these appeals. In the petition the election of the appellants was challenged on a large number of grounds, but the Election Tribunal only found that so far as Shri Karam Singh Kirti was concerned, he was disqualified for being chosen as a member of the Legislative Assembly of the Punjab State because, at the material time there was a subsisting contract for the supply of goods between the Punjab Government and the firm G.W. Balkar and Company, in which Shri Karam Singh Kirti had an interest, and also, that Shri Karam Singh Kirti was guilty of having committed a corrupt practice, because he had attempted to pay a sum of Rs. 500 to Kartar Chand, a rival candidate for the reserved seat, as an inducement to him to withdraw from the contest, and it was further held that in making this offer of the bribe Shri Karam Singh Kirti was acting as an agent of Shri Gurbanta Singh and with his consent, and that consequently Shri Gurbanta Singh was also guilty of having committed a corrupt practice and his election was therefore void. In the alternative it was found that even if this corrupt practice of bribery was committed by Shri Karam Singh without the consent of Shri Gurbanta Singh, the same was clearly done in his interest and that this had materially affected the result of the election and consequently the election of Shri Gurbanta Singh was void on this ground also.
(2.) WITH regard to the question of bribery, we have the statement of Kartar Chand, P.W., to whom the offer is said to have been made and that of Pritam Singh, P.W., who is said to have been present at the time. According to Kartar Chand, he was one of the validly nominated candidates during the last general elections and on 4th of February, 1957, which was the last date for the withdrawal of the candidature, he had gone to the office of the Deputy Commissioner at Jullundur and was standing outside in the lawns at a short distance from the office of Shri J.S. Madan, the returning officer, when he was approached by Pritam Singh who told him that he being a Congress candidate should not oppose the official nominee of the Congress and that if he continued to contest the election he may adversely affect the chances of the official candidates by deflecting a large number of electors, because he had influence in about eighty villages in that constituency where persons coming from Dhijkot Manko in West Pakistan, from where Kartar Chand had come, had settled. At that time Shri Karam Singh Kirti came out of the room occupied by Shri J.S. Madan, returning officer, and told him that "the Congress High Command had made the final selection." What happened thereafter is described by Kartar Chand as follows: I told him that I would have to ascertain what the Congress High Command had done and then I may decide. At that stage, Kirti Sahib attempted to put into my pocket four or five hundred -rupee currency notes and though I pressed my pocket he thrust them in. I thereupon said that this is not a matter of sale of livestock, but is a question of honour and prestige. I would not accept any consideration for this. If I am satisfied about the final decision of the Congress High Command, I would withdraw from the contest and I returned the money to the pocket of Kirti. Thereafter, on ascertaining the fact, I signed a withdrawal form which was filled in by a petition -writer and I placed it on the table of Madan Sahib. This is how I withdrew. According to him all this conversation and the attempt to pass on the money happened between 12 noon and 1 p.m., and he read the decision of the Congress High Command giving the Congress ticket to Shri Gurbanta Singh and Shri Karam Singh Kirti in the daily Milap at about 1 -30 p.m., and thereafter he put in his withdrawal.
(3.) PRITAM Singh, P.W. 9, stated that he had met Kartar Chand along with one Nirmal Chand between 10 and 11 a.m., on the date of the withdrawal in front of the Deputy Commissioner's office when he found Shri Karam Singh Kirti along with two or three persons including Sant Ram of Beas Pind (who was another rival candidate) and one Shanghara Singh talking with one another at a distance of about 10 or 12 yards from them. After 10 or 12 minutes Shri Karam Singh Kirti came to the place where Kartar Chand, Pritam Singh and Nirmal Chand were present. This is what, according to him, happened thereafter: Karam Singh told me that I am a Congressman; Kartar Chand is also a Congressman; you are of Congress; why should there be a fight between the Congressmen and get the withdrawal of Kartar Chand... Sardar Karam Singh Kirti stated that, 'as Shri Gurbanta Singh and he had been selected by the High Command, others should not enter into the conflict as is being done. Sardar Karam Singh further said that 'as Shri Gurbanta Singh was a Minister from your area and your dradri, therefore, you should take back your papers'.... It was also stated that, as Master Gurbanta Singh was a Sikh and he is looked upon as a desirable candidate amongst the Sikhs, the contest should not be continued..... After such request had been repeated twice or thrice, Kartar Chand stated that he would not withdraw as he had migrated from Dhijkot Manko in Pakistan which was a town and the people who had come from there are spread over this area and are insisting upon my continuing being a candidate. At that stage Kartar Chand refusing to withdraw, Shri Karam Singh tried to put some currency notes in the pocket of Kartar Chand. He, however, placed his hand over his pocket and did not allow Shri Karam Singh to put the notes into the pocket.... The currency notes which were being forced into the pocket of Kartar Chand were taken out by him and handed over to Shri Karam Singh. Then Kartar Chand said that, 'when you are so much insistent and you are appealing to me in the name of Congress, I would withdraw my candidature, but not accept the notes.;