Case Note & Summary
The case involved an election dispute arising from the Baghapurana Constituency election to the Punjab Legislative Assembly, where Tej Singh defeated Avtar Singh by a margin of 123 votes. Avtar Singh challenged the election, alleging that Tej Singh engaged in corrupt practices by distributing misleading pamphlets and posters that falsely claimed Ruplal had withdrawn his candidacy. The court examined the evidence, including oral testimonies and documentary proof, and concluded that Tej Singh had indeed orchestrated the circulation of these misleading materials. The court noted that the narrow margin of victory suggested that the misrepresentation could have materially affected the election outcome. Ultimately, the court found that the appellant had proven beyond reasonable doubt that Tej Singh had indulged in corrupt practices, leading to the quashing of the High Court's judgment and the setting aside of Tej Singh's election. The court made no order as to costs.
Headnote
A) Election Law - Corrupt Practices - Misleading Information - Representation of the People Act, 1951, Section 123(2) - The court found that Tej Singh misled voters by circulating posters claiming Ruplal had withdrawn, which likely altered the election outcome due to the narrow margin of 123 votes. The court held that such misrepresentation constituted corrupt practices under the Act, leading to the election being set aside (Paras 417-419).
Issue of Consideration
Whether the election of Tej Singh was vitiated by corrupt practices as alleged by Avtar Singh.
Final Decision
The Supreme Court allowed the appeal, quashed the High Court's judgment, and set aside the election of Tej Singh due to proven corrupt practices under Section 123(2) of the Representation of the People Act, 1951.
Law Points
- Corrupt practices
- election petition
- misleading information
- election result alteration
