TMI Blog2008 (11) TMI 609X X X X Extracts X X X X X X X X Extracts X X X X ..... d on 13.2.2002. 3. The appellant Baldev Singh Mann filed his nomination papers as a candidate of Shiromani Akali Dal (B) (for short SAD ), whereas respondent Surjit Singh Dhiman filed his nomination papers as an independent candidate. In the election, respondent Surjit Singh Dhiman got 35,099 votes and appellant Baldev Singh Mann got 34,103 votes and consequently, 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 Memb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant was informed by Naranjan Singh and Mehar Singh of Kala Jhar that a day earlier at about 2 p.m. Bachhi along with the respondent had met them and asked for support and vote. Later, the appellant was also informed by Jasbir Singh, Dhanvir Singh and Gogi Singh that Bachhi had contacted them in their village on 3.2.2002 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as ADC (Development) at Sangrur. The appellant learnt about these details from Amarjeet Singh of Barroh on 6.2.2002. Similarly, Bachhi and Shergill went to Noorpur on 4.2.2002 and at Mastaan Singh's house, a number of persons of Noorpur arrived. Shergill impressed upon those persons to vote and support for the respondent. The 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his election either from Bachhi or Shergill. 16. In the written statement, other allegations of taking assistance or help from Bachhi or Shergill were specifically denied. The allegations regarding destruction of car's log book have been made on the basis of the information received from Varinder Singh, Assistant, Punjab State Electricity 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 Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cases came to the conclusion that it is difficult to hold that Bachhi was a gazetted officer though he was in the service of the Government. In this view of the matter it is necessary to examine the specific allegations of corrupt practice and after enumerating these incidents try and see if proof of 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, it is obtaining or procuring of assistance for the furtherance of the prospects of the candidate which constitutes main ingredients of corrupt practice. The assistance has to be procured from a person who is in the government service and who additionally is a gazetted officer. In the impugned judgment the High Court had also discussed the legal position in detail. The law is now well-settled that charge 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 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CC 1. 29. In Ram Phal Kundu v. Kamal Sharma (2004) 2 SCC 759, the court reiterated the principle of election jurisprudence and observed that the election of the returned candidate should not be lightly interfered with though at the same time the purity of the election process has to be maintained. 30. Now the crucial question arises for consideration is whether 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 know ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt practice. 34. After carefully examining the entire evidence on record, the High Court came to the conclusion that the appellant failed to prove the ingredients of corrupt practice contained in section 123(7) of the said Act. The High Court observed that the evidence of corrupt practice was not strong enough to upset the people's verdict in favour of the respondent. The High Court also observed that the appellant has failed to prove issue 5 and the additional issue framed by the High Court. 35. This court in Gajanan Krishnaji Bapat (supra) observed that that the appellate court attaches great value to the opinion formed by the Trial Judge more so when the Trial Judge recording findings of fact is the same who had recorded the evidence. The Appellate Court shall remember that the jurisdiction to try an election petition has been vested in a Judge of the High Court. Secondly, the trial judge had the benefit of watching the demeanour of witnesses and forming first-hand opinion of them in the process of evaluation of evidence. 36. We have carefully re-assessed and re-evaluated the entire evidence of record and we concur with the view which has been taken by the High Court. In o ..... 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