TaxTMI 
TaxTMI 
2008 (11) TMI 609
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....y, the respondent was declared elected. 4. The appellant filed this election petition under sections 80 and 81 read with sections 98, 99 and 100 of the said Act before the Punjab & Haryana High Court. By a comprehensive judgment, the election petition was dismissed. Aggrieved by the said judgment, the appellant has preferred this appeal. 5. The appellant pleaded that the respondent's election was liable to be declared void as the respondent had committed corrupt practices by obtaining and procuring assistance, for the furtherance of the prospects of his election, from Gurbachan Singh Bachhi (hereinafter referred to as "Bachhi") and B.S. Shergill (hereinafter referred to as "Shergill") who were in the service of the government and were gazetted officers. 6. According to the appellant, Bachhi was Administrative Member of the Punjab State Electricity Board. He was appointed on 24.12.2001 and belonged to Bhattiwal Khurd, a village falling in Dirba Constituency. 7. Shergill was posted as Deputy Director, Panchayats, Punjab and was a gazetted officer in the service of the government. He had also remained as the Additional Deputy Commissioner, Sangrur for four years and belonged to R....
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.....2002 at 3.30 p.m. and canvassed for votes in favour of the respondent. The appellant in his complaint to the Election Commission had also complained that Bachhi had been canvassing for votes in favour of the respondent at Channo and Kala Jhar. (D) On 5.2.2002, at 5 p.m. a meeting was convened at Chandani Tourist Complex in Nadampur of the voters belonging to Nadampur, Balad Kalan, Phuymanali and Turi. The respondent was present at this meeting. Some officers of the PSEB were also present. Names of some of the persons who were present there at that time were mentioned in the petition and names of the PSEB employees were also mentioned. At this meeting, Bachhi asked the persons present to vote and support the respondent. The respondent also thanked Bachhi and others for supporting him. The appellant came to know about this meeting on 9.2.2002 from Gurmeet Singh and Hakam Singh of Nadampur and Labh Singh of Phumanwali and he immediately sent a fax message to the Chief Election Commissioner. At the said meeting, the respondent had introduced some persons of Chatha Nanhera to Bachhi and asked him to help them in getting out-of-turn power connection from the Board. The respondent told ....
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....e appellant learnt about this from Jagjit Singh and Jasbir Singh when he went to Noorpur on 6.2.2002 about 2 p.m. The appellant immediately filed a complaint through fax before the Chief Election Commissioner. 10. The appellant pleaded in the election petition that when Bachhi came to know about the complaints lodged by the appellant, he destroyed the log book of his car to conceal the fact that he was touring Dirba during the assembly elections to canvass for votes for the respondent. After the result was declared, the respondent toured the villages falling in Dirba Constituency to congratulate and thank his voters and supporters. On 4.4.2002 and 5.4.2002, Bachhi also accompanied him and visited about 33 villages in Bhawanigarh. While addressing meetings in villages, the respondent specially thanked Bachhi for the sacrifice made by him. Bachhi also thanked the people for voting and supporting the respondent. There was a news item in this regard in the Punjabi Tribune dated 6.4.2002. 11. The respondent's conduct established that he had obtained assistance from Bachhi and Shergill, both gazetted officers in the service of the Government. These acts constituted corrupt practices. A....
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....city Board. According to the respondent, Varinder Singh was an ardent supporter of the appellant. The allegations lacked material particulars as regards date, place and time of the alleged destruction of the log book. Allegations that Bachhi addressed meetings after the election were also denied. It was submitted that these activities cannot be taken into consideration. Under election law only activities of the returned candidate from the date of filing of the nomination since declaration of the results were not relevant. The High Court after completion of the pleadings framed the following issues:- "1. Whether the Election Petition and the affidavit in support of the election petition are not properly verified, if so, its effect? 2. Whether the Election Petition lacks in material facts, if so, its effect? 3. Whether the copy of Election Petition supplied to the answering respondent is not a complete copy of the election petition, if so, its effect? 4. Whether the Election Petition does not disclose any cause of action as mentioned in preliminary objections nos.4 and 5 of the written statement, if so, its effect? 5. Whether the returned candidate obtained the assistance of Mr.....
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.... allegations either through direct, circumstantial or corroborative evidence was forthcoming. There are allegations that on several occasions Bachhi had agreed to support the respondent. These are extracted from the examination-in-chief of the appellant's sworn affidavit PW2/1. "(i) January 23, 7 p.m. : On Dhiman's persuation Bachhi agreed to support him in the constituency. This incident had taken place in the presence of Kirpal Singh (PW-3). Mann was informed about this at Dirba by Karnail Singh (PW-4) and others (ii) Between January 24-26 : Dhiman and Bachhi personally contacted prominent persons of Dirba constituency for soliciting support for Dhiman. (iii) They joined campaign for Dhiman. They were seen by Karnail Singh (PW4), Upinder Singh, Teja Singh Tiwana, Kashmira Singh, Darshan Singh, Nazam Singh and Labh Singh. (iv) Bachhi and Dhiman contacted Shamsher Singh and Harnek Singh. These persons had told Mann about this fact. (v) January 27-12 noon Parkash Singh Badal, President (SAD) came to Dirba to address an election rally in Man's support and Mann informed Badal about Bachhi's anti-party activities. This led to Bachhi's expulsion from the ....
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....harge of a corrupt practice in an election petition should be proved almost like the criminal charge. The standard of proof is high and the burden of proof is on the election petitioner. Mere preponderance of probabilities are not enough, as may be the case in a civil dispute. Allegations of corrupt practices should be clear and precise and the charge should be proved to the hilt as in a criminal trial by clear, cogent and credible evidence. 25. A three-Judge Bench of this court in Jeet Mohinder Singh v. Harminder Singh Jassi (1999) 9 SCC 386 has held that the success of a candidate who has won at an election should not be lightly interfered with. Any petition seeking such interference must strictly conform to the requirements of the law. Though the purity of the election process has to be safeguarded and the court shall be vigilant to see that people do not get elected by flagrant breaches of law or by committing corrupt practices, the setting aside of an election involves serious consequences not only for the returned candidate and the constituency, but also for the public at large inasmuch as re-election involves an enormous load on the public funds and administration. Similar ....
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....ether the evidence of the appellant on record is adequate to constitute corrupt practice within the meaning of section 123 (7) of the said Act. 31. Section 123 (7) of the Act reads as under:- "(7) The obtaining or procuring of abetting or attempting to obtain or procure by a candidate or his agent or, by any other person [with the consent of a candidate or his election agent], any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the Government and belonging to any of the following classes, namely:- (a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the Union; (d) members of the police forces; (e) excise officers; (f) revenue officers other than village revenue officers known as lambardars, malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police functions; and] (g) such other class of persons in the service of the Government as may be prescribed: [Provided that where....