AMIN LAL Vs. HUNNA MAL

JUDGEMENT

(1.) The short point for consideration in this appeal from the judgment of the Punjab High Court is whether the Election Tribunal, Rohtak, was justified in dismissing the election petition under sub-section (3) of S. 90 of the Representation of the People Act, 1951 (hereafter referred to as the Act) preferred by the appellant on the ground that it did not comply with the provisions of S. 82 of the Act.

(2.) The appellant is a voter in 64-Hissar City constituency of the Punjab Legislative Assembly and the respondent was a candidate for election to the Assembly from the constituency, the polling in which took place on February 24, 1962. Eleven persons had been nominated for election from that constituency, one of whom was Suraj Bhan, brother of the respondent. Five candidates, including Suraj Bhan, withdrew their candidature within the time prescribed for the purpose with the result that names of only six candidates were published under S.38 of the Act. Several grounds were set out by the appellant in his election petition for setting aside the election. One of those grounds was that the respondent, his agents and other persons acting with the consent of the respondent were guilty of committing corrupt practices. In paragraph 9(c)(i) of the petition as presented to the Election Commission on April 8, 1962 the appellant had alleged as follows:

(3.) In the written statement filed by the respondent on July 11, 1962 he raised certain preliminary objections, one of which was to the effect that the petition failed to comply with the requirements of the provisions of S. 83(1) of the Act as it did not contain a concise statement of material facts and as it did not set out full particulars of the alleged corrupt practices. According to him, the allegations were false and that the vagueness consisted in failing to give the names of the agents or other persons who were alleged to have committed corrupt practices. The appellant in his reply asserted that all the known particulars so far as possible in respect of the various allegations of corrupt practices had been given in detail. Thereupon the Tribunal framed the following preliminary issue: