Case Note & Summary
The dispute arose from the election held on 19.5.1982 for the Haryana Legislative Assembly from the Jind Constituency, where the appellant was declared elected over the nearest rival by a margin of 146 votes. The first respondent challenged the election on multiple grounds, including allegations of corrupt practices under Section 123(1) of the Representation of the People Act, 1951, specifically claiming that the appellant bribed voters by donating Rs. 5100 for temple construction to induce them to vote for him. The High Court initially upheld these allegations and set aside the election. However, upon appeal, the Supreme Court scrutinized the evidence presented by the witnesses, finding it unreliable and inconsistent with the claims made in the election petition. The court noted discrepancies in witness testimonies regarding the timing and manner of the alleged bribe, leading to the conclusion that the corrupt practice was not established. The court ultimately allowed the appeal, reinstating the appellant's election and dismissing the election petition. The judgment emphasized the necessity of reliable evidence in proving allegations of corrupt practices in elections.
Headnote
A) Election Law - Corrupt Practice - Evidence Reliability - Corrupt practice of bribery not established - Representation of the People Act, 1951, Section 123(1) - The court found that the evidence presented by the witnesses was unreliable and inconsistent with the allegations made in the election petition, leading to the conclusion that the corrupt practice was not proved. Held that the appeal was allowed and the election petition was dismissed (Paras 313-321).
Issue of Consideration
Whether the appellant committed the corrupt practice of bribery as defined under Section 123(1) of the Representation of the People Act, 1951.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and reinstated the appellant's election, concluding that the evidence of corrupt practices was unreliable and inconsistent.
Law Points
- Corrupt practice
- bribery
- election petition
- evidence reliability
- election law
