Supreme Court of India
GOVIND SINGHversusHARCHAND KAUR
- Citation
- 2010 INSC 798
- Decided
- 22 November 2010
- Disposal
- Appeal(s) allowed
- Bench
- M PANCHAL
Holding
A charge of corrupt practice under the Representation of the People Act must be proved beyond reasonable doubt, and any act performed by a candidate before filing his nomination – even if done in the discharge of official duties – does not amount to indulgence in corrupt practice.
Summary
Govind Singh, a former Social Security Minister, resigned on 12 January 2002 and filed his nomination as an independent candidate on 23 January 2002. He was elected MLA from the Sherpur (SC) constituency on 13 February 2002. The defeated candidate, Harchand Kaur, filed an election petition alleging that Singh had indulged in corrupt practice by distributing old‑age/widow/handicapped pensions and appointing Anganwadi workers to influence voters, and by distributing cash as pension immediately before polling. The Punjab and Haryana High Court held that these acts amounted to corrupt practice under Section 123(1) of the Representation of the People Act, 1951, and declared Singh's election void. On appeal, the Supreme Court held that corrupt practice must be proved beyond reasonable doubt, that acts performed before filing nomination – even if done in official capacity – do not constitute indulgence in corrupt practice, and that the petitioner’s evidence was unreliable and failed to meet the required standard of proof. Consequently, the High Court’s finding was set aside and Singh’s election was upheld.
Issues considered
- Whether distribution of pensions and appointment of Anganwadi workers by a candidate prior to filing nomination constitute "indulgence in corrupt practice" under Sec. 123(1) read with Sec. 100(1)(b) of the Representation of the People Act, 1951.
- Whether alleged cash distribution as pension immediately before polling amounts to corrupt practice.
- Whether the election petition complied with the mandatory requirements of Section 83(1)(a)(b) of the Act regarding material facts and particulars.
- What standard of proof applies to a charge of corrupt practice in an election petition.
- Whether the High Court correctly evaluated the credibility of the witnesses and the evidentiary material.
Legislation cited
- Conduct of Election Rules, 1961s. Rule 94, s. Rule 94A
- Indian Evidence Act, 1872
- Representation of the People Act, 1951s. 100(1)(b), s. 123(1), s. 79(b), s. 83
Subjects
election lawcorrupt practiceRepresentation of the People Actburden of proofmaterial factselection petitionpension distributionAnganwadi appointmentevidence evaluation
Judgment
[2010] 14 (ADDL.) S.C.R. 348
A GOVIND SINGH
v.
HARCHAND KAUR
(Civil Appeal No. 2719 of 2006)
NOVEMBER 22, 2010
B
[J.M. PANCHAL AND GYAN SUDHA MISRA, JJ.)
Representation of the People Act, 1951:
c s. 123(1) r/w s. 100 (1) (b) ands. 83 - Corrupt practice -
Election of returned candidate as MLA to the State legislative
Assembly from reserved constituency - Challenged to on the
ground of indulgence in corrupt practice - High Court
declaring election as void and set aside the same -
D Sustainability of - Held: Not sustainable - Any act performed
by a candidate prior to his becoming a candidate would not
amount to indulgence in corrupt practice - Corrupt practice
of bribery would be attracted only if such act had been
committed by a candidate after filing of his nomination paper
- However, if any illegal act was done by a candidate prior to
E his filing of nomination which was not within the legal discharge
of duty, it would amount to corrupt practice ....: It cannot be said
that the election petition was fit to be rejected for the lack of
material facts and material particulars - Returned candidate
resigned as Social Security Minister and thereafter, filed
F nomination - Distribution of pension to old age/widow!
handicapped persons by returned candidate in discharge of
official duty as Minister as also appointment of some ladies
as Anganwadi workers when the returned candidate was
Social Security Minister, before filing his nomination, would
G not amount to indulgence in corrupt practice - Also he cannot
be instrumental in appointing applicants as Anganwadi
workers when he had ceased to be a Minister and had filed
his nomination - As regards distribution of pension
H 348
GOVIND SINGH v. HARCHAND KAUR 349
immediately prior to the date of polling, the competent A
authorities did not support the case of defeated candidate that
the returned candidate committed any illegality - Evidence
of the competent authorities for distribution of pension-
independent witness more reliable than the prosecution
witnesses-interested witnesses - Charge of corrupt practice B
was to be proved beyond reasonable doubt and not merely
by preponderance of probabilities - Evidence relied upon by
the High Court cannot be held to be of such probative value
- Witnesses relied upon by the High Court not credible -
Thus, order passed by the High Court set aside - Election c
laws - Evidence - Conduct of Election Rules, 1961 - r. 94-
A.
Election laws: Election of a returned candidate -
Challenged - Allegation of corrupt practice - Onus of proof
- Held: Charge of corrupt practice is in nature of a quasi- D
. criminal charge - Heavy onus lies on the election petitioner
seeking the setting aside of the election of a successful
candidate and, thus, he has to make out a clear case for such
relief both in the pleadings and at the trial - Onus of proof is
not discharged merely on preponderance of probabilities but E
the standard of proof required is akin to that of proving a
criminal or a quasi-criminal charge - Evidence Act, 1872.
Words and phrases: Material facts and material
particulars - Meaning of. F
The election of MLA to the State Legislative
Assembly was to be held on 13.02.2002. The appellant
resigned as Social Security Minister on 12.01.2002 and
became a candidate for the election on 23.01.2002 by
filing his nomination as an independent candidate. G
Thereafter, the appellant was declared elected. The
respondent-defeated candidate filed an election petition
challenging the election of the appellant-returned
candidate alleging illegal acts of omission and
H
350 SUPREME COURT REPORTS [2010) 14 (ADDL.) S.C.R.
A commission at the instance of the appellant which
amounted to indulgence in corrupt practice against him
within the meaning of Section 123(1) read with Section
100 (1) (b) of the Representation of the People Act, 1951.
The High Court declared the election of the appellant as
B MLA to the Punjab Legislative Assembly from the
reserved Assembly Constituency as void and set aside
the same. Therefore, the appellant filed the instant appeal.
Allowing the appeal, the Court
C HELD: 1. In view of the unsatisfactory analysis of the
evidence and erroneous approach of the High Court
while recording the finding on the issue of corrupt
practice, no conclusive inference could be drawn that the
respondent-defeated candidate who had secured only
D third position in the election succeeded in proving the
charge of corrupt practice against the appellant-returned
candidate and the same at best could be held to be
based on allegations which desperately required
unimpeachable evidence of trustworthy nature adduced
E by independent witnesses which could not be treated as
tainted or evidence of doubtful nature. Since the charge
of corrupt practice has to be proved beyond reasonable
doubt and not merely by preponderance of probabilities,
the evidence relied upon by the High Court cannot be
F held to be of such probative value. It does not reflect on
the credibility of the witnesses relied upon by the High
Court, so as to interfere with the election result by which
the appellant was elected. Thus, the judgment and order
of the High Court is set aside. [Para 67] [401-G-H; 402-A-
I G C] . .
2.1. Although the High Court has the jurisdiction and
competence to declare the election of a returned
candidate to be void on the allegation of corrupt practice,
the mandate of the people in a democracy as expressed
H by the result of the election must prevail and be
GOVIND SINGH v. HARCHAND KAUR 351
respected by the courts and, therefore, heavy onus lies A
on the election petitioner .seeking the setting aside of the
election of a successful candidate and, therefore, he has
to make out a clear case for such relief both in the
pleadings and at the trial. The onus of proof is not
discharged merely on preponderance of probabilities but s
the standard of proof required is akin to that of proving
· a criminal or a quasi criminal charge. The electoral
process in a democracy undoubtedly is too sacrosanct.
to be permitted ()r allowed t() be polluted by corrupt
practice and if the court arrives at a finding of commissi<)n c
of corrupt practice:! by a returned candidate or his election
agent or by any other person with the consent of a
returned candidate or his election agent, then the election
of the returned candidate would be declared to be void
since the underlying principle is that the corrupt practice
0
having been committed, the result of the election does
not echo the direct voice of the people. [Para 31] [377-G-
H; 378-A-D]
R. P. Moidutty vs. P. T. Kunju Mohammad & Anr. 2000
(1) sec 481 - relied on. E
2.2. A charge of corrupt practice is in the nature of a
quasi-criminal charge, as its consequence is not 9nly to
render the election of the returned candidate void but in
some cases (as in the instant one) might incur F
disqualification from contesting even the next election.
The evidence led in support of the corrupt practice must,
therefore, not only be cogent and definite but if the
election petition has to succeed, it must establish
definitely and to the satisfaction of the court, the charge G
of corrupt practice which the defeated candidate levelled
against the returned candidate. The onus lies heavily on
the election petitioner to establish the charge of corrupt
practice and in case of doubt the benefit goes to the
returned candidate. In the case of an election petition,
H
352 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A based on allegations of commission of corrupt practice,
the standard proof generally speaking is that of a criminal
trial, which requires strict proof of the charge beyond
reasonable doubt and the burden of proof is on the
candidate who alleges corrupt practice and that burden
B does not shift. However, the courts have been cautioned
to hold that even though the burden is on the petitioner
to prove the charge of corrupt practice, it should not be
understood to mean or imply that the returned candidate
is absolved from his liability to bringforth the evidence on
c the record to rebut the case of the petitioner and
particularly Rrove such facts which are within the special
knowledge of the elected candidate. [Para 48] [390-C-H;
391-A]
Gajanan Krishnaji Bapat v. Dattaji Raghobaji Meghe
D 1995 (5) SCC 360; Niha/ Singh v. Rao Birendra Singh & Anr.
1970 (3) SCC 239, Om Prabha Jain v. Charan Das 1975 (4)
SCC 849, Dau/at Ram Chauhan v. Anand Sharma 1984 (2)
SCC 64; ·Quamarul Islam v. S.K. Kanta 1994 Supp (3) SCC
5; Surinder Singh v. Hardial Singh 1985 (1) SCC 91; S.
E Harcharan Singh v. S. Sajjan Singh 1985 (1) SCC' 370 .;...
Referred to.
3.1. As regards, the preliminary objection as to
whether the election petition filed by the respondent was
to be dismissed on the ground of the lack of material
F facts and material particulars, if the election petition fails
to disclose any cause of action and there is non-
compliance of the mandatory requirements of Section 83
of the Representation of the People Act 1951 which
requires that the election petition should contain material
G facts on which the petitioner relies, it should set forth full
particulars of any corrupt practice including full statement
of the names of the parties which is alleged to have been
committed alongwith the specific date and place of the
commission of such corrupt practice. Although the
H expression 'material facts' has neither been defined in the
GOVIND SINGH v. HARCHAND KAUR 353
Act of 1951 nor in the Code of Civil Procedure, it has been A
understood by the courtS in general terms to mean the
entire bundle of facts which would constitute a complete
cause of action. [Para 37] [381-D-G]
3.2. Material facts are facts upon which the plaintiff's B
cause of action or the defendant's defence depend. But
what particulars ultimately will be said to be 'material
facts' would depend upon the facts of each case and no
rule of universal application can be laid down. Particulars,
on the other hand, are details in support of material facts C
pleaded by the party. This amplify, refine and embellish
material facts by giving finishing touch to the basic
contours of a picture already drawn so as to make it full,
more clear and more informative. Thus, material
particulars ensure conduct of fair trial which would not
take the opposite party by surprise. [Para 38] [382-G-H; 0
383-A-D] .
3.3. The respondent categorically stated the date, time
and place of occurrence of the alleged corrupt practice
at the instance of the appellant and also gave out the E
names of the witnesses who were to support the election
petition filed by the respondent. But what exactly would
be the worth of the evidence of witnesses relied upon by
the counsel was a matter to be considered at the
appropriate stage during trial, but to contend that the F
election petition lacked in material facts and material
particulars due to which the election petition filed by the
respondent was fit to be rejected on the ground of lack
of material facts and material particulars, ~9uld'.noft>e' - ~
· legally correct and justifi~d._Jfuv+tigh C.ourt in the G
impugned judgment-and-oroer did not even address the
issue as to whether the petition was fit to be rejected for
want of material facts and material particulars or not, but
the counsel for the appellant seems to have acquiesced
with the same. However, since the counsel for the parties H
354 SUPREME COURT REPORTS (2010] 14 (ADDL.) S.C.R.
A addressed this Court on the said issue which is clearly
in the nature of a preliminary objection, it is just and
appropriate to deal with this issue but for the reasons
stated it cannot be said that the election petition was fit
to be rejected for lack of material facts and material
8 particulars. [Para 40] [384-A-F]
Mahadeorao Sukaji Shivankar Vs. Ramaratan B_apu and
Ors. 2004 (7) SCC 181; Ram Sukh v. Dinesh Aggarwal 2009
(10) SCC 541, 548; Anil Vasudev Salgaonkar v. Naresh
Kushali Shigaonkar 2009 (9) SCC 310, Ananga Uday Singh
C Deo v. Ranga Nath Mishra & Ors. 2002(1) SCC 499; Azhar
Hussain v. Rajiv Gandhi 1986 (Supp) SCC 315; Ram
Sharan Yadav v. Thakur Muneshwar Nath Singh, 1984 (4)
SCC; Mohan Rawale v. Damodar Tatyaba @ Dadasaheb,
1994 (2) SCC 393, Mahadeorao Sukaji Shivankar v.
D Ramaratan Bapu and Ors. 2004 (7) SCC 181; Regu Mahesh
v. Rajendra Pratap Bhanj Dev AIR 2004 SC 42 - referred
to
4.1. Any act performed by a candidate prior to his
E becoming a candidate would not amount to "indulgence
in corrupt practice. The corrupt practice of bribery as
defined in Section 123(1) would be attracted only if such
act had been committed by a candidate after filing of his
nomination paper. However, it cannot be endorsed that
even if any illegal act was done by a candidate prior to
F his filing of nomination which was not within the legal
discharge of duty, would not amount to corrupt practice
.. so as to protect himself from the charge of corrupt
practice. [Paras 43 and 46] [387-A-C; 389-B-D]
G 4.2. On a careful analysis of the case and counter
case of the appellant-returned candidate and the
respondent-defeated candidate, it is patently clear that the
allegation of corrupt practice in regard to distribution of
pension can be divided into two parts - the first part
H relates to the distribution of pension which pertains to the
GOVIND SINGH v. HARCHAND KAUR 355
period prior to 12.1.2002 and the second part pertains to A
three dates which is 10/11112.2.2002 when the appellant
was a candidate for the election but was no longer a
Minister so as to distribute old age widow/handicapped
pensions. In factual aspects of the matter this clearly
indicates that even if the plea of the respondent - election B
petitioner with regard to the allegation of distribution of
pension amounting to corrupt practice which pertained
prior to the period of January 12.01.2002 is taken into
consideration, the same cannot, by any legal yardstick or
even ordinary prudence, constitute indulgence in corrupt . c
practice by the appellant a.s he was duly holding the
portfolio of Social Security Minister who had the legal .
authority to approve distribution of pension as part of his
official ·duty. The distribution of pension to the eligible
persons in the constituency or even outside the
0
constituency was part of the discharge of official duty as
Minister and it_ is nobody's case that this distribution did
not lie within the legal domain of the Minister who could
order distribution of pension to the eligible persons in the
area who were either old, handicapped or widow.
Therefore, distribution of pension to old age/widow/ E
handicapped persons which was ordered or approved
ensuring its distribution could not possibly be inferred as
an action which could amount to- indulgence in corrupt
practice. [Para 43] [386-D-H; 387-A-C]
F
Mohan Rawa/e v. Damodar Tatyaba @ Dadasaheb 1994
(2) SCC 392; Kona Prabhakara Rao v. M. Seshagiri Rao
1982 (1) sec 442 - referred to.
4.3. Sanction and approval for grant of pension as a G
Social Security Minister clearly would be within the ambit
of the authority of the Minister to get it distributed, as not
distributing the pension while discharging the functions
of a Minister would on the contrary amount to non-
performance on the part of the Minister in the State wh!ch
H
356 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A could also include his constituency and to hold that even
though the Minister had the authority to sanction and
approve old age/widow/handicapped pension the same
was done in order to lure the persons of his constituency
so as to vote for him in any future election which he might
B contest and the same would amount to offer or promise
of any gratification, would be wholly unrealistic and a far
fetched allegation. The candidature of the appellant had
not even been announced in the year 2001 although it
could be perceived as a mere possibility that he might
c contest in future election. In any case, it was difficult to
anticipate from which constituency he would be
contesting and whether he would be contesting under
the banner of any party or would be contesting as an
independent candidate. The appellant in discharge of his
official duty distributed, sanctioned, approved or
0
permitted the grant of old age/widow/handicapped
pension prior to the filing of his n_omination, it cannot be
construed as indulgence in corrupt practice and thus, he
cannot be held to have committed corrupt practice if he
had distributed pension amount even in his constituency
E upto 12.01.2002 which was clearly within his legal and
official domain as he was not a candidate in the election.
[Paras 45 and 46] [388-C-H; 389-8-E]
4.4. The respondent - election petitioner also alleged
F that even after filing his nomination on 23.01.2002 and
immediately before the date of polling on 13.2.2002, the
appellant went to his constituency and in brazen defiance
of the Code of Conduct of Election, distributed pension
through his agent on 10/11/12.2.2002 and this would have
G a serious bearing on the allegatio11 of corrupt practice
against the appellant in case it is held to be proved, since
the distribution of money under the garb of pension
immediately prior to the date of polling, would have to be
treated clearly and unambiguously as corrupt practice
H
GOVIND SINGH v. HARCHAND KAUR 357
within the meaning of Section 123 of the Act of 1951. This A
serious allegation would have to pass through the litmus
test in the light of the evidence of the witnesses led by
the respondent in support of his allegation so as to arrive
at a conclusive finding whether the witnesses are fit to
be relied upon in order to uphold the allegation of corrupt B
practice. [Para 47] [389-F-H; 390-A-B]
4.5. As regards the allegation of appointment of some
ladies as Anganwadi workers, even if the Anganwadi
workers were appointed in the year 2001, the same C
cannot clearly be held to be illegal as the appellant was
a Social Security Minister at the relevant time and,
therefore, any appointment made during this period
cannot be alleged to be indulgence in corrupt practice in
order to impress the voters as these appointments were
made in the year 2001 much before the appellant became D
the candidate in the election. The exhibits relied upon by
the appellant alleging illegal appointment of the
Anganwadi workers do not strengthen the case of the
respondent in any manner. The appellant could not be
held to be instrumental in appointing the applicants as E
Anganwadi workers when he had ceased to be a Minister
and had already declared his candidature as an
independent candidate as he had no legal authority to
appoint Anganwadi worker after he had resigned from
the post of Minister on 12.1.2002 and had filed his F
nomination on 23.1.2002. [Para 64] [399-F-H; 400-A-C]
4.6. Serious infirmities and inconsistencies were
noticed in the evidence of PW-9, PW-10 and PW-11 relied
upon by the High Court in support of the case of the G
respondent. These witnesses could not be treated as
independent and trustworthy witnesses as against PW 1-
Child Development Project Officer; PW 2- Superintendent
Social Security in the office of District Programme Office;
PW 4- Assistant Manager, State Bank of Patiala; PW 5- H
358 SUPREME COURT REPORTS (2010] 14 (ADDL.) S.C.R.
A District Social Security Officer; PW 6-C.D.P.O. Block and
PW 7-C.P.D.O. Block, who were the competent authorities
to sanction the pensions as also in regard to grant of
appointment to Anganwadi workers in the year 2001
when the appellant was a Social Security Minister and not
B a candidate in the election, so as to brush aside their
evidence and prefer to rely upon the evidences of PW 9,
PW 10 and PW 11 which were extremely shaky,
subjective and fragile. The High Court clearly mixed up
the alleged charge of corrupt practice which pertains to
c the period prior to the filing of nomination of the appellant
which was on 25.1.2002 and set aside the election of the
appellant not after a careful and meticulous scrutiny of
the evidence but on an overall view that the appellant had
indulged in corrupt practice on the evidence primarily of
three witnesses only whose testimony were neither
0
independent nor free from inconsistencies and at the
most were general in nature. [Para 65] [400·0-H]
4.7. On a threadbare scrutiny of the evidence, the
election of the appellant could not have been set aside
E only on the testimony of PW 9, PW 10, PW 11 who failed
to stand the test of scrutiny to the extent that even though
the appellant was alleged to have indulged in corrupt
practice, the same for the reasons assigned did not lead
to the irresistible conclusion that the appellant had
F indulged in corrupt practice merely on account of the fact
that he had distributed old age pension or handicapped
and widow pension to the voters of his constituency
although he was the Minister holding the portfolio of
Social Security Minister within whose domain lay the
G approval and distribution of pension which was in clear
discharge of official duty. The alleged case that this was
done even after he ceased to be a Minister and after he
had filed his nomination for contesting election, could not
be proved with unimpeachable evidence since there was
H
GOVIND SINGH v. HARCHAND KAUR · 359
no reason for the appellant to ensure compliance of A
formality of filling pension forms for distribution of cash
as he had ceased to be a Minister on those dates. As the
specific case of the respondent is that pension was
distributed to influence the voters, then any distribution
made in the capacity as a Minister could not be legally B
faulted as long as the same was distributed during his
tenure as Minister and after the appellant had ceased to
be a Minister, he was not legally entitled to distribute the
pension and, thus, ensuring compliance of formality of
filling up pension forms with the aid of PW 10- Sarpanch c
by pressurizing him to fill up pension forms made no
sense or reason so as to prove the charge of illegal
distribution of pension amounting to corrupt practice.
[Para 66] [401-A-F]
Ramakant Mayekar v Celine D'Silva (1996) 1 SCC 399; D
M. Chinnasamy v K. C. Palanisamy (2004) 6 SCC 341;
Subhash Desai vs. Sharad J. Rao AIR 1994 SC 2277 -
referred to.
Case Law Reference: E
2009 (10) sec 541, 548 Referred to. Para 21, 35, 36
2009 (9) sec 310 Referred to. Para 21, 35
2002(1 > sec 499 Referred to. Para 21, 23, 35
F
1986 (Supp) sec 315 Referred to. Para 21, 35
1996 (1) sec 399 Referred to. Para 23·
2004 (6) sec 341 Referred to. Para 23
AIR 1994 SC 2277 G
Referred to. Para 30
2000 (1) sec 481 Relied on. Para 31
2004 (7) sec 181 Referred to. Para 38, 39
H
360 SUPREME COURT REPORTS [2010] 14 (ADDL.} S.C.R.
A 1994 (2) sec 393 Referred to. Para 44
1982 (1) sec 442 Referred to. Para 45
1995 (5) sec 360 Referred to. Para 48
1910 (3) sec 239 Referred to. Para 48
B
1975 (4) sec 849 Referred to. Para 48
1984 (2) sec 64 Referred to. Para 48
1994 Supp (3) sec 5 Referred to. Para 48
c 1985 (1) sec 91 Para 49
Referred to.
1985 c1) sec 310 Referred to. Para 49
CIVIL APPEL,.lATE JURISDICTION : Civil Appeal No.
D 2719 of 2006.
From the Judgment & Order dated 28.4.2006 of the High
Court of Punjab & Haryana at Chandigarh in Election Petition
No.22 of 2004.
E Vijay Hansaria, K.S. Sidhu Sneha Kalita, Ritesh Ratnam,
Jawahar Lal, Amit Kumar for the Appellant. ·
Kamini Jaiswal, Abhimanue Shrestha for.the Respondent.
The Judgment' of the Court was delivered by
F
GYAN SUDHA MISRA, J. 1. This appeal has been
preferred under Section 116A of the Representation of People
Act, 1951 (hereafter referred to as the Act of 1951) assailing
the Judgment and Order of the High Court of Punjab and
G Haryana dated April 28, 2006 delivered in Election petition No.
22/2002 as a consequence of which the election of the
appellant, Govind Singh as MLA to the Punjab Legislative
Assembly held on February 13, 2002 from the reserved 82-
Sherpur (S.C.) Assembly Constituency was declared void and
H
GOVIND SINGH v. HARCHAND KAUR 361
[GYAN SUDHA MISRA, J.]
hence was set aside awarding a cost of Rs.50,000/- to the A
respondent Smt. Harchand Kaur.
2. The election of the appellant was challenged by the
respondent- Smt. Harchand Kaur who is the defeated
candidate and although she had secured third position in the B
polling, she challenged the election of the appellant alleging
corrupt practice against him within the meaning of Section 123
(1) (A) of the Act of1951.
3. The essential details of the Election petition which
formed the basis of challenge to the election of the appellant, C
disclose that on June 26, 2001 the Governor of Punjab issued
a notification under Section 15 of the Representation of People
Act, 1951 calling for election of MLAs from all constituencies
in Puojab to constitute the Punjab Legislative Assembly. The
appellant-Govind Singh, at the relevant time was functioning as D
a Minister of Social Security, Women and Child Development
and the party in power to which the appellant belonged was
Shiromani Akali Dal (Badal). However, the appellant admittedly
resigned on January 12, 2002 from the primary membership
of Akali Dal as he was denied party ticket to contest the E
election from the said Assembly Constituency. The Election
Commission published the election schedulewhich stated that
the last date for filing nomination would be January 23, 2002
and the date for scrutiny of nominations was fixed for
24.01.2002. The schedule further indicated that the last date . F
for withdrawal of candidature would be January 28, 2002 after
which the poll was to be held on February 13, 200:2 and finally
the counting of votes on February 24, 2002.
4. In view of the aforesaid schedule fixed by the Election
Commission, the appellant - Govind Singh and nine others filed G
nominations for contesting the election for the reserved 82-
Sherpur (S.C.) Assembly Constituency. The appellant had filed
nomination as an independent candidate since he had resigned
from the membership of the Shiromani Akali Dal (Badal) party.
H
362 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A 5. The election to the concerned constituency was held as
per schedule on 13th February, 2001 and the process was
finally complete on February 24, 2002 after counting of the
votes when the appellant was declared elected to the reserved
82-Sherpur (S.C.) Assembly Constituency since he had
B secured highest number of votes which was 30132. The
nearest rival to the returned candidate i.e. the appellant-Govind
Singh, was Piara Singh of the Shiromani Akali Dal (Badal) in
whose favour 26525 votes had been polled and the contesting
respondent - Smt. Harchand Kaur secured third position in
c whose favour 19439 votes had been polled. The total number
of votes polled was admittedly 90882 in the Assembly
Constituencywhere all these three candidates had contested.
6. The Respondent - Smt. Harchand Kaur, having been
defeated in the election felt aggrieved of the election result as
D she apprehended, which obviously was a late realisation on her
part to the effect that the elected candidate i.e. the appellant
herein, Govind Singh, had indulged in corrupt practices in the
election process due to which she could not emerge as a
victorious candidate. This prompted her to file an Election
E petition in the High Court of Punjab and Haryana, bearing
Election petition No. 22/2002 wherein she challenged the
petitioner's election alleging illegal acts of omission and
commission at the instance of the appellant which amounted
to indulgence in corrupt practice within the meaning of Section
F 123 (1) read with Section 100 (1) (b) of the Act of 1951.
· 7. Elaborating the details of her alleged plea of corrupt
practice on the basis of which the respondent Smt. Kaur had
filed the Election petition in the High Court challenging the
G election of the appellant -Govind Singh, it was stated that the
returned candidate while holding the charge of Social Security
Minister in the State Cabinet misused his power with an
intention to gain benefit in the election 2002 violating the
procedure as he sanctioned and released the old age/widow/
H handicapped pensions in favour of the residents of Sherpur
GOVIND SINGH v. HARCHAND KAUR 363
[GYAN SUDHA MISRA, J.]
Constituency and this was clearly with a view to secure votes A
of the electorates in the ensuing election. A list of 16 persons
with their addresses was furnished along with a few forms
pertaining to those persons indicating that the petitioner had
sanctioned their pension directly.
8
8. The respondent herein Smt. Harchand Kaur further
alleged that the returned candidate, the appellant herein, while
holding the post of Cabinet Minister in charge of Social Security
Department misused his power and got various women voters
of his Constituency employed as Anganwadi Workers for the C
period upto 28.2.2002 and they were employed in service with
a motive to compel them to undertake the work of his election
and cast their votes as also manage other votes in his favour
in the constituency in the election scheduled to be held on
13.2.2002. A list of 13 women with their addresses was given
a!ongwith the true translated copy of one such appointment D
letter. Relying on these facts, the respondent alleged that the
appellant is guilty of committing corrupt practice with a view to
secure votes in the election which is covered under Section 123
of the Act of 1951.
E
9. The Respondent Smt. Harchand Kaur levelled a third
allegation also alleging corrupt practice by stating that the
returned candidate Govind Singh- the Appellant herein,
distributed money among the voters in exchange of their
promise to vote for him directly as well as through his agents F
with his consent in the presence of respectable village persons
who stood surety on their behalf. The appellant had also
promised to facilitate construction of drains and many pacca
pavements and streets in case he was voted and emerged as
a victorious candidate. Elaborating further on this aspect, the G
respondent lierein alleged that the appellant Shri Gobind Singh
paid cash at various places for getting votes as informed by
the respectable persons of that area, namely, Avtar Singh, S/o
Baldev Singh, Balbir Singh, S/o Budh Singh, both r/o village
and Post Office Ladda, Tehsil Dhuri, District Sangrur; Jaspal
H
364 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A Singh, Sarpanch village Bir Mamgarh, Tehsil Malekotla, District
Sangrur and Ramzan Khan Sarpanch, village Jatewal, Tehsil
Malerkotla district Sangrur. However, only Balbir Singh out of
these persons was cited in the list of witnesses filed later on
by the respondent in her Election petition. He was subsequently
B cited as a witness who could not prove the allegation of cash
for votes but was cited as a witness only to prove the allegation
that the petitioner had delivered speeches at various places to
promote enmity on the ground of religion. He, however, was
finally never examined by the respondent.
c 10. Thus, the sum and substance of the entire allegations
levelled by the defeated candidate Smt. Harchand Kaur - the
respondent herein, is to the effect that the appellant-returned
candidate Shri Gobind Singh with the active support of his
supporters indulged in corrupt practice and offered bribery in
D the form of gift and promise to give cash to those who voted in
his favour. This vitiated the election and hence he is guilty of
committing corrupt practice which is covered under Section 123
(1) A (b) and B (b) of the Act of 1951 due to which the election
held on 13th Februa..Y. 2002 deserves to be quashed and set
E aside since the corrupt practice at the instance of the appellant
is covered under Section 123 of the Act of 1951.
11. The appellant Shri Singh responded to the Election
petition by filing his written statements to the petition on August
F 12, 2002 wherein he initially took the preliminary objection that
no material facts and material particulars had been pleaded in
the petition concerning the allegations of corrupt practice and"
no time, date and place had been mentioned and hence the
contents were liable to be struck off as no cause of action was
G disclosed by the petitioner/respondent herein. It was further
averred that no attested or true copy of the Election petition
had been served on the petitioner nor the verification of the
petition was done as per the 1951 Act as well as the Code of
Civil Procedure due to which the same was also defective as
tt:ie affidavit had not been filed in support of the allegations of
.H I•
GOVIND SINGH v. HARCHAND KAUR 365
[GYAN SUDHA MISRA, J.]
'
corrupt practice, in terms of the requirements of the Act of1951. A
In so far as, the merits of the allegations in the petition are
concerned, they were denied and it was''clarified that the
returned candidate I the appellant herein had already resigned
from the Government as Minister of Social Security as also from
the primary membership of the Shiromani Akali Dal .on January B
12, 2002. The appellant submitted that the sanction or release
of pensions was done by the District level authorities and the
appellant who was then a Minister at the most, had
recommended ac6eptance which was always subject to the
legal norms for such pension. It was further stated that all the c·
documents annexed by the respondent with her Election petition
in the High Court pertained to the period 2001, and therefore,
were irrelevant to the period of the election that is January 23,
2002 to February 24, 2002. The pass books of the pension
receivers annexed by the respondent merely showed the D
normal flow of pensions into the pension accounts in 2001
without even a statement that these were sanctioned by the
petitioner in 2002 since this was inherently impossible after his
resignation. It was further stated therein that none of the
allegations contained the relevant material facts and the
material particulars as to the date, time and place which could
substantiate the allegation.
12. The Respondent Smt. Harchand Kaur thereafter filed
rejoinder to the written statement wherein the facts stated in the
'
Election petition were reiterated in order to contend that the F
appellant in fact indulged in corrupt practice to ensure his
victory in the election.
13. The learned single Judge on the aforesaid case and
counter case of the contesting parties initially framed as many G
as nine issues but ultimately confined to the following issues:
5. Whether the respondent is guilty of corrupt
. practices committed by him or with his consent as
enumerated in paras No. 12,13,14,17,18, 19, 20,
H
366 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A 21, 22, 23, 24, 25 and 26 which materially affected
the result of election and his election deserves to
be set aside.
6. Whether any corrupt practice (bribery, offer any gift
or money as a reward to an Elector for having voted
B
or refrain from voting, gives a gratification to any
person with the object of inducing him to exercise
any other Elector right)\has been committed by
returned candidate or his election agent or any other
person with the consent of a returned candidate or
c his election agent under Section 123 of the
Representation of the People Act, 1951?
7. Whether disbursement of money under the pretext
of old age pension etc. between the day of
D nomination and polling day by the returned
candidate or by his consent by other persons
through department of Social Security Women and
Child Development, of which he was a Minister, to
induce the electors in his constituency to vote for
E him, amounts to a corrupt practice under Section
100(1)(b)?
9. Whether the returned candidate himself or on his
behalf or with his consent, large number of fresh
appointments as Anganwari workers were issued
F for specific period, by the department of Social
Security Women and Child Development to induce
the voters in his constituency to vote for him and thus
committed a corrupt practice under the Act?
G 14. Thus, the High Court although initially framed nine
issues on the basis of the Election petition filed by the
Respondent, the same was eventually confined to the challenge
to the election of the returned candidate only on the ground of
corrupt practices as envisaged under Section 123 (1) read with
H Section 100 (1) (b) of the Act of 1951 wherein 'bribery' has
GOVIND SINGH v. HARCHAND KAUR 367
[GYAN SUDHA MISRA, J.]
been considered to be a corrupt practice i.e. any gift, offer or A
promise by a candidate or his agent or by any other person
with the consent of a candidate or his election agent of any
gratification, to any person whomsoever, with the object, directly
or indirectly inducing him to vote or refrain from voting at an
election or as a reward to an election for having voted or refrain B
from voting. Hence, the analysis of oral and documentary
evidence made by the High Court has been confined to the
issues nos. 5, 6, 7 and 9 quoted hereinbefore as to whether
the returned candidate is guilty of corrupt practices alleged
against him or has been committed by him or his election agent c
or any other person with the consent of the returned candidate-
the appellant herein. The analysis made by the High Court also
indicated that it took into consideration issue no. 7, as to
whether disbursement of money under the pretext of old age
pension etc. between the day of nomination and polling day by 0
the returned candidate or with his consent by other persons
through The Department of Social Security Women and Child
Development of which he was a Minister, induced the
elecforate in his constituency to vote for him so as to bring it
within the ambit and scope of corrupt practice laid down under E
Section 100 (1) (b) of the Act of 1951.
15. The High Court further proceeded to consider issue
no. 9 as to whether the returned candidate himself or on his
behalf or with his consent, large number of ladies were recruited
as fresh Anganwadi Workers for a specific period by the F
Department of Social Security women and Child Development
in order to induce the voters in his constituency to vote for him
and thus committed a corrupt practice under the Act.
16. The learned single Judge of the High Court who tried G
the Election petition therefore scrutinized the oral evidence led
by the contestirlg parties as also the documents produced and
on its scrutiny in the light of the submissions advanced by the
contesting parties, recorded a finding that the returned
candidate/the appellant Gobind Singh had used the tool of H
368 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A payment of pension to bribe the voters. The learned Judge went
on to record tliat the election petitioner had succeeded in
establishing that'the returned candidate had committed
corrupt practice within the meaning of Section 79 (2) of the Act
by inducing the voters to vote for him in consideration of
s payment of cash named a·s pension on 10.2.2002. 11.2.2002
and 12.2.2002 when the polls were to be held on 13.2.2002.
The learned Judge further found considerable merit ;., the
submission of the election petitioner-the respondent herein to
the effect that the case concerning corrupt practices had been
c sufficiently pleaded in the Election petition at paras 17 to 21,
24, 26 and 30. The learned Judge further proceeded to observe
that the affidavit in the prescribed form in support of the
allegations of corrupt practice and the particulars thereof which
was required to be attached with the petition, had also been
done. The learned single Judge was therefore of the view that
0
the broad and basic features of the case of the election petition
stands established and the corrupt practice committed by the
returned candidate is fully covered by Section 123 (1) (A) of
the Act. The money in the name of pension was presented as
E a gift to the voters directly for inducing the voters to vote in favour
of the returned candidate which would be clearly covered by
the aforementioned provision of the Act.
17. The High Court was further pleased to observe that the
resignation of the appellant from the Cabinet or from the primary
F membership of the Shiromani Akali Dal had no connection with
the distribution of cash in the name of pension on 1.0.2.2002,
11.2.2002 and 12.2.2002 when voting was to take place on
13.2.2002. ·Hence, the election of the returned candidate to 82-
Sherpur (SC) Assembly Constituency to which the appellant
G Gobind Singh had been declared elected, was declared void
and consequently was set aside. It was, therefore, directed that
the Election Branch of the Registry with regard to the
disqualification of the returned candidate to contest any further
election be communicated. The Election petition thus was
H allowed with cost which was determined at Rs. 50,000/-.
GOVIND SINGH v. HARCHAND KAUR 369
[GYAN SUDHA MISRA, J.]
'
18. The returned candidate Shri Govind Singh-the appellant A
herein, obviously felt aggrieved with the judgment and order of
the High Court setting aside his election and hence has
preferred this appeal assailing the judgment and order of the
High court. However, we were informed that during pendency
of this appeal, the appellant has already completed his term s
as a member of the Legislative Assembly but this appeal could
not be treated as infructuous since the appellant is bound to
suffer the consequence of disqualification on account of the
setting aside of his election on the alleged indulgence in corrupt
practice in the previous election which will affect his candidature c
to contest any election in future.
19. Assailing the judgment and order passed by the High
Court, it was submitted at the threshold by learned senior
counsel for the appellant- Shri Hansaria, that the allegation of
the respondent herein, while challenging the election of the D
appellant, relates to the acts attributed to the appellant as
Minister prior to filing his nomination on 23.1.2002 as in
paragraphs 17, 18 and 19 the respondent alleged that the
appellant Shri Gobind Singh got released pension to various
persons by misusing his position as a Minister, Social Security E
Department. In paragraph 20, it has been alleged that the
appellant misused his power as Social Security Minister and
violated the procedure in sanctioning/releasing the old age/
widow/handicapped persons·. In para 21 of the election petition,
the Respondent has further alleged that the appellant being the F
Cabinet Minister holding the charge of Social Security
Department misused his power and got various women voters
of his Constituency employed as anganwadi workers. ·
20. In order to demolish the case of the respondent, a sure G
shot argument advanced by the counsel for the appellant was
that none of the aforesaid allegations even if assumed to be
correct - although the same are disputed, would amount to
corrupt practice within the meaning of Section 123 (1) (A) of
the· Act as those acts related to the period when the appellant H
370 SUPREME COURT REPORTS (2010] 14 (ADDL.) S.C.R.
A was holding the charge of the Social Security Minister and the
acts were in discharge of his official duties which was perfectly
legal and justified. In support of this submission, reliance was
placed by the learned counsel on the decision delivered in the
matter of Mohan Rawale v. Damodar Tatyaba @
B Dadasaheb, 1994 (2) sec 392, wherein it was held that any
allegation made with reference to a period prior to nomination
as a candidate, does not amount to corrupt practice. It was
submitted that in the instant case, the appellant resigned as a
Minister on 12.1.2002 and became a candidate for the election
c only on 23.1.2002 when he filed his nomination for contesting
the election as an independent candidate. Hence, it was
contended that any act attributed to the appellant in his capacity
as a Minister, even if assumed to be correct, although the same
are disputed, would not come within the ambit of the allegation
of indulgence in corrupt practice. It was further averred that the
0
sanction, approval or grant of pension by a Minister does not
amount to bribery under clause (1) of Section 123 of the Act
as it is not a gift, offer or promise of any gratification which is
sine qua non for attracting the said provision. It was still further
submitted that the act of approval of appointment of some
E women as anganwadi workers by a Minister is also not covered
by the provision of Section 123 of the Act as there is no
evidence on record, either oral or documentary, that the
appellant appointed any anganwadi workers. The only material
relied upon by the respondent in this regard is Exhibit PW-1/
F 46 to PW-1/70 which are applications for appointment of
anganwadi workers. In any event, all these 25 applications
except 6 of them (Ext. PW-1/52,58,62,66,68 and 69) are
undated. Even the 6 applications which bears date are from
22.2.2001 (Ext. PW1/62) to 24.12.2001 (Ext.PW1/69), i.e. prior
G to the appellant becoming a candidate in the election. In
addition, only 2 of 25 applications (Ext. PW-1/50 and 70) bear
endorsement by the appellant and both of them are undated.
There is also no whisper in paragraphs 17 to 21 that the
appellant distributed any amount in cash by way of pension.
H
GOVIND SINGH v. HARCHAND KAUR 371
[GYAN SUDHA MISRA, J.]
21. While challenging the finding recorded on corrupt A
practice, it was further elaborated that the averments made at
paragraph 24, 26 and 30 are vague and lack in material facts
with full particulars as section 83(1) (a) (b) of the Act mandates
that Election petition must contain material facts and if there
are allegations of corrupt practice, it must also contain full s
particulars. This is the mandatory requirement of law and no
election petition can be entertained without full particulars of
material facts. In order to substantiate this contention, it was
stated that in paragraph 24, 26 and 30 alleging that the
appellant distributed money in cash amongst voters, no c
particulars about the date, time and place where money was
allegedly distributed, nor the name of the people to whom it was
distributed have been mentioned. It was, therefore, contended
that the averments are vague, general and omnibus and hence
the averments relating to allegation of corrupt practice made
0
in paragraph 24, 26 and 30 cannot be looked into and are fit
to be ignored. Reliance was placed by the learned counsel in
support of this sut>mission, on the ratio of judgments delivered
in the matter of Ram Sukh Vs. Dinesh Aggarwal reported in
2009 (10) SCC 541, Anil Vasudev Salgaonkar Vs. Naresh
Kushali Shigaonkar reported in 2009 (9) SCC 310, Ananga E
Uday Singh Deo Vs. Ranga Nath Mishra & Ors. reported in
2002(1) SCC 499 and Azhar Hussain Vs. Rajiv Gandhi
reported in 1986 (Supp) SCC 315. It was still further submitted
that material facts as well as material particulars have not been
supplemented by the respondent election pet.itioner in spite of F
specific objection taken by the appellant in preliminary
objections 1 and 2 and the respondent having opportunity to
supplement and amplify the material facts and particulars not
doing it could not have been allowed to adduce evidence
·beyond the pleadings as the evidence which is led beyond the G
pleadings, is liable to be ignored.
22. Objections have also been raised by the returned
candidate-appellant herein by placing reliance on Section 83
(1) (c) of the Act on the plea that this provision requires that H
372 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A every petition shall be verified in the manner laid down in the
CPC and proviso thereof requires filing of an affidavit in the
prescribed form in support of the allegation of corrupt practice.
Order VI Rule 15 (2) CPC requires that the persons verifying
shall specify, by reference to numbered paragraphs of the
B pleading, what he verifies of his own knowledge and what he
verifies upon information and believed to be true. Rule 94A of
the Conduct of Election Rules, 1961 provides that the affidavit
in terms of proviso to Section 83 (1) shall be in Form 25. Form
25 requires the Election petition to separately state which
C allegations of the corrupt practice are true to his knowledge and
which allegations are true to his information. On these averment,
it was submitted that the respondent in the present case has
stated in the verification of the Election petition, that the
contents of paragraph 17, 18, 20, 21, 24 and 30 are true to
his knowledge as well as information and contents of paragraph
0
19 and 26 are true and correct being reproduction/reference
to the provisions from the Representation of People ·Act/
Constitution of India/Registration of Electors Rules, 1960. It
was, therefore, submitted that such a verification is no
verification in the eye of law as the same facts cannot be both
E true to knowledge and also true to information. It was further
stated that paragraph 19 has not been verified at all as the said
paragraph does not contain any reproduction/reference of any
provision of law; whereas this paragraph contain specific
averment regarding release of pension by the appellant to
F ineligible persons.
23. In substance, it was contended that the issue of
defective verification and affidavit in the written statement in
paragraph 4 and 5 are specific issues which were framed by
G the High Court being issue No.3 and 4 as preliminary issues.
Yet, the High Court proceeded to record evidence without
deciding the aforesaid preliminary issues and recorded finding
on merits. It was, therefore, submitted that merely because the
High Court has considered the case on merits, the same is no
H ground to ignore defective pleading, verification and affidavit
GOVIND SINGH v. HARCHAND KAUR 373
[GYAN SUDHA MISRA, J.]
in the Election petition so as to consider the evidence on A
merits. In support of this submission, reliance was placed by
learned counsel for the appellant on the ratio of the decisions
delivered in the matter of Ramakant Mayekar v. Celine D'Silva,
1996 (1) SCC 399, Ananga Uday Singh Deo v. Ranga Nath
Mishra, 2002 (1) SCC 499, and M. Chinnasamy v. K. C. B
Palanisamy, 2004 (6) SCC 341.
24. Learned counsel finally submitted that in the present
appeal, this Court is _exercising power under Section 116A of
the Act, which is an appeal both on law and fact as mentioned
in the aforesaid section itself. Hence, the contention of the C
respondent that this Court should be slow in interfering with the
finding of fact arrived at by the High Court is untenable. This
Court, as the first appellate court, is entitled to re-assess and
re-appreciate the entire pleading and evidence on its own and
come to an independent conclusion. In any event, the impugned D
judgment of the High Court suffers from inherent legal infirmities
and recorded ·perverse ·findings and hence the judgment is
liable to be set aside and the appeal is fit to be allowed.
Learned counsel therefore invited the attention of this Court to
the evidence of PWs 1, 2, 4, 5, 6 as also 9, 10, 11 and 12 relied E
upon heavily by the Respondent and commented extensively
on the value of the testimony of oral evidence as well as
documentary evidence.
25. Countering the submissions advanced on behalf of the F
appellant, learned counsel for the respondent Ms. Kamini
Jaiswal submitted that on a bare perusal of the Election
petition, it is apparent that the verification of the Election petition
was proper and the same was done on the proper format and
in compliance of the settled law on that issue. It specifically G
provided the paras which were based on the knowledge and
the paras which were based on the information gathered from
the various sources. The verification also provides the exact
source of the information which was mentioned in the appeal ·
paper book. It was stated that the election petition is in the
H
374 SUPREME COURT REPORTS (2010] 14 (ADDL.) S.C.R.
A appropriate format in form 25 as per the Rule 94 A of the
Conduct of Rule 1961. The format required the affidavit to state
distinctly as to which are the paragraphs of the Petition based
on the knowledge and which are the paragraphs based on the
information and the same has been done in the manner as
B required in the appeal paper book. It was, therefore, urged that
the Petition should be read in its entirety and not in isolation
which disclosed that the petitioner immediately before the dates
of 25.01.2002 and 11.02.2002 was the Cabinet Minister
holding the charge of Social Security and Development.
c Department and had exercised his influence over the officials
to get amounts released to the residents of his Constituency
in the name of the pension for the old aged, handicaps etc. The
pension was not only released to the eligible pensioners but
the ineligible persons also who received .money in the name
D of pension. The Petitioner although had ceased to be a Minister
and may not have had the official authority to approve the grant
of pension, he had enough clout as he held the charge as a
Minister for all these years and hence with a view to allure the
voters, he exercised his influence by recommending the
E applications of the residents of his Constituency, during the
period immediately before the election which resulted in
payment of money to as many as 27856 persons in the
Sherpur Constituency. PW-1 Smt. Paramjit Kaur- Child
Development Officer, Dhuri admitted that ~he petitioner during
the period of January and February 2002, had signed on the
F applications, approving them and this fact has not been
contested in cross-examination. Learned counsel asserted that
PW-9, PW-10, PW-11 had stated categorically that the public
meetings were called and forms were filled and the amount of
Rs. 600 to 1200 were paid to various people in the name of
G pension, during a public meeting. It was therefore submitted that
the grounds contended are not such that this Hon'ble Court in
the exercise ofits appellate jurisdiction would set aside a well
reasoned order of the High Court. The said witnesses are
truthful and would not come to make a false statement. The
H witnesses are material and truthful which would be evident from
GOVIND SINGH v. HARCHAND KAUR 375
[GYAN SUDHA MISRA, J.]
the evidence of PW-9, PW-10, PW-11 and the learned counsel A
also critically analysed the evidence of these witnesses in
support of the contention that these witnesses who supported
the plea of the respondent in regard to her allegation of corrupt
practice, are reliable witnesses.
B
26. Learned counsel submitted that PW-9 Ram Singh who
was a Tailor Master deposed that in the gathering held on
13.2.2002 and 11.2.2002, Rs. 600 or Rs. 800 were paid and
Shri Kanjla also gave Rs. 1200 to some of them. In his cross-
examination, he has further accepted that the amount of Rs. C
1200 was given as pension but he did not ask anyone in his
family to accept Rs. 1200 for casting votes~tie has further also
deposed that it is wrong to suggest that pension was only for
the old age pension but it was also for the handicapped persons
like him. This witness further has stated in his cross-
examination that after the election was held, he told Bibi D
Harchand Kaur that he would be prepared to appear as a
witness that the votes were cast in consideration of money. He
accepted that he was a frequent visitor to the House of Bibi
Harchand Kaur whom he knew since long. She also knew all
his family members for the last 5/6 years. He further accepted E
the fact that he alongwith Bibi Harchand Kaur had come in the
car for deposition and the whole expenses of travel as well as
eatables had been born by her. He also denied suggestion that
being an associate with the party of Bibi Harchand Karu and
being related to her community, he was making a false F
statement.
27. Learned counsel for the respondent further placed
reliance on PW-10 Jaspal Singh son of Sarwan Singh who
deposed that Shri Gobind Singh Kanjla alongwith a group of G
· people with him came for the purposes of filling up pension
forms. The pension forms were filled up on 12.2.2002, although
he had been coming to his village earlier. The work of filing up
the forms for pension was executed opposite to State Bank of
India, Sandhaur Branch at about 6.30 to 7.00 p.m. The Minister H
376 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A was calling the ladies and made the entries in the pension
books from Rs. 200/- to Rs. 600/-. This witness stated that
payment used to be made in cash and he claimed to identify
this signatures of Shri Gobind Singh Kanjla. The signatures of
Exs. PW1/1 and PW1/3 in green ink were that of Shri Gobind
B Singh Kanjla and signature on other documents also were of
Shri Gobind Singh Kanjla.
28. This witness stated that he was a Sarpanch and had
been performing the duties of attesting applications for fee
C concession and admission forms. He also accepted that the
old age pension forms were attested by the Sarpanch, he also
had been attesting the old age forms. This witness deposed
that Shri Gobind Singh Kanjla had directed him to attest certain
forms and he denied that he was attesting forms for money
consideration. He deposed that Gobind Singh Kanjla had been
D forcing him to attest those forms. Although, he was not a
Minister but still he was acting like a Minister. But he did not
report this matter to any quarter viz. the Police, D.G., S.D.M.
or anywhere else with regard to forcible signature on pension
forms at the instance of Shri Gobind Singh Kanjla but he
E reported the matter to Harchand Kaur-the election petitioner.
The report could not be lodged as he was physically beating
the reporters. Nobody was coming forward to report the matter
against Shri Gobind Singh Kanjla. He also admitted that he did
not report the matter with regard to payment of certain amount
F of Rs. 200/- to Rs. 600/- to any quarter as it is a usual
phenomena.
29. Reliance was also placed by the Respondent on the
evidence of PW-11, Davinder Singh who deposed that Mr.
Gobind Singh Kanjla the appellant/ returned candidate had
G visited his village before the election. Firstly, he came on
7.1.2002 and second time on 10.2.2002 to attend the Bhog of
Akhand Path Sahib. The Bhog Ceremony was kept by one
Gurmail Singh, Zimindar. When he came on 7.1.2002, he had
opened the account of various persons and distributed the
H
GOVIND SINGH v. HARCHAND KAUR 377
[GYAN SUDHA MISRA, J.]
copies concerning pensions like old age pension and handicap . A
pension. On 10.2.2002, when he came for the second time, an
announcement was made on the loudspeaker inviting the
v:Uagers to come over and collect the pension and in the form
of pension Rs. 500 each was given to various persons. He
denied having given back this amount but he deposed that Shri B
Kanjhla was exhorting the voters to cast their votes in his favour
and the pension would be doubled from Rs. 500 to Rs. 1500.
He denied the suggestion that being a Congressman, he was
deposing falsely in support of the allegation that the amount of
pension was distributed and no passbooks were prepared.
c
30. The counsel for the Respondent submitted that all
material facts and material particulars were stated in the petition
and what constitute material facts and the mat~rial particulars
depend on the facts of each case and no gen~ral rules can be
1
laid down. D
Learned counsel placing reliance in this regard on1 the
decision reported in Mahadeorao Sukaji Shivankar v.
Ramaratan Bapu & Ors., 2004 {7)-SCC 181 submitted th,at if
there are more than one allegations and the material facts are E
sufficient with regards to one of such allegations, the petition
is maintainable and cannot be thrown out. Learned counsel
also placed reliance on the case of Subhash Desai Vs.
Sharad J. Rao - AIR 1994 SC 2277 in support of his
submission. It was, therefore, contended that the findings
F
arrived at by the High Court are fit to be sustained and the
appeal was fit to be dismissed.
31. In order to test the relative strength and weaknesses
of the plea of the contesting parties, while considering an
election appeal which is directed against a judgment and order G
by which the election of a returned candidate has been set
aside on the allegation of corrupt practice, it would be
worthwhile to recollect at this stage that although the High Court
has the jurisdiction and competence to declare the election of
a returned candidate to be void on the allegation of corrupt H
378 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A practice, it is well settled by now in view of the ratio laid down
in a catena of decisions of the Supreme Court that the mandate
of the people in a democracy as expressed by the result of the
election must prevail and be respected by the Courts and,
therefore, heavy onus lies on the election petitioner seeking the
8 setting aside of the election of a successful candidate and
therefore he has to make out a clear case for such relief both
in the pleading and at the trial. The electoral process in a
democracy undoubtedly is too sacrosanct to be permitted or
allowed to be polluted by corrupt practice and if the Court
C arrives at a finding of commission of corrupt practice by a
returned candidate or his election agent or by any other person
with the consent of a returned candidate or his election agent,
then the election of the returned candidate shall be declared
to be void since the underlying principle is that the corrupt
practice having been committed, the result of the election does
D not echo the direct voice of the people. But,;at the same time,
it cannot be overlooked as was observed by the Supreme
Court in the case of R.P. Moidutty Vs. P. T. Kunju Mohammad
& Anr. reported in 2000 (1) SCC 481 that the consequences
flowing from the proof of corrupt practice at the election are
E serious and hence the onus of establishing commission of
corrupt practice lies heavily on the person who alleges the
same. The onus of proof is not discharged merely on
preponderance of probabilities but the standard of proof
required is akin to that of proving a criminal or a quasi
F criminal charge. Hence, clear cut evidence, wholly credible
and reliable is needed to prove beyond doubt the charge of
corrupt practice.
32. The aforesaid principle laid down by the Supreme
G Court in the aforesaid authority has adequately been taken care
of in the election petitions which are filed alleging corrupt
practice wherein utmost caution and care are applied while
dealing with the allegation of indulgence in corrupt practices at
the instance of the returned candidate, but in the process,
H misappreciation of evidence and hence error of judgment in
GOVIND SINGH v. HARCHAND KAUR 379
[GYAN SUDHA MISRA, J.]
coming to a definite conclusion cannot be ruled out due to which A
appeals are preferred against the judgment and order of the
High Court delivered in election petitions. The instant appeal
also is one such appeal where the election of the returned
candidate has been set aside by the High Court vide impugned
judgment on the findings of corrupt practice which is under B
challenge and hence we have carefully scrutinized the evidence
led by the contesting parties and critically considered the
submissions of the counsel for the respective parties in the light
of the settled law laid down, before the election of a returned
candidate is allowed to be quashed and set aside. c
33. The counsel for tile appellant although has primarily
challenged the judgment and order of the High Court in order
to assail the findings recorded on the charge of corrupt practice,
the counsel had also submitted that the respondent had filed
the Election petition without disclosing 'm.aterial facts' with 'full D
particulars' which is envisaged under Section 83(1)(a)(b) of the
Act which mandates that the Election petition must contain
material facts and it must also contain full particulars. It was
contended that this is the mandatory requirement of law and
no Election petition can be entertained without material facts E
with full particulars in absence of which it is not fit to be
entertained.
34. In our view, the submission of the counsel for the
appellant to the effect that the petition lacked material facts with F
material particulars, is clearly in the nature of preliminary
objection affecting maintainability of the Election petition and
hence we consider it appropriate to deal with this contention,
before we proceed further to examine the correctness of the
pleas raised in regard to challenge to the allegations of corrupt G
practice.
35. On the plea of lack of 'material facts' with 'material
particulars', It was submitted on behalf of the appellant that in
paragraphs 24, 26 and 30 of the Election petition, it has merely
been stated that the appellant distributed money in cash to the H
380 SUPREME COURT REPORTS (2010] 14 (ADDL.) S.C.R.
A voters but no specific particulars about the date, time and place
where money was allegedly distributed, nor the name of the
persons to whom it was distributed have been mentioned. The
counsel, therefore, had contended that the averments of the
election petitioner are vague, general and omnibus and thus
B cannot be looked into and were fit to be ignored. Developing
his arguments further on this plea, it was submitted that material
facts as well as material particulars had not been supplemented
by the respondent - election petitioner in spite of specific
objection taken by the appellant in his preliminary objections
c bearing numbers 1 and 2. The respondent although had
opportunity to supplement and amplify the material facts and
particulars, he failed to do the same and hence the averments
of the respondent-election petitioner should not have been
allowed to lead evidence beyond pleadings as the evidence
which is led beyond pleadings, is liable to be ignored. To
0
reinforce this submission, the counsel for the appellant relied
upon several pronouncements of this Court which include the
matter of Ram Sukh v. Dinesh Aggarwal reported in 2009 (10).
SCC 541, Anil Vasudev Sa/gaonkar v. Naresh Kushali
Shigaonkar reported in 2009 (9) SCC 310,_Ananga _Uday
E Singh Deo v. Ranga Nath Mishra & Ors. reported in 2002(1)
SCC 499 and Azhar Hussain v. Rajiv Gandhi reported in· 1986
(Supp) sec 315.
36. The counsel for the respondent Ms. Jaiswal however
F countered the aforesaid submission and submitted that the plea
of the appellant regarding the lack of 'material particulars' and
'material facts' is not sustainable and on this count, it was
submitted that the election petition should be read in its entirety
and not in isolation since the petition in question in fact
G categorically stated that the appellant candidate immediately
before the date of filing nomination on 25.1.2002 and prior to
resigning from the portfolio of Minister holding the charge of
Social Security Department had exercised his influence over •
the officials to get amounts released in his constituency in the
H name of pension for the old age widow and handicapped
GOVIND SINGH v. HARCHAND KAUR 381
[GYAN SUDHA MISRA, J.]
people and the averments to that effect have specifically been A
pointed out in para 17 of the Election petition. In the alternative,
the counsel for the respondent submitted that even if the
Election petition lacked extensive details regarding 'material
particulars', the same was not enough to reject a petition and
in support of this submission, the counsel for the respondent B
on her part also relied upon several authorities of the Supreme
Court which are Ram Sharan Yadav v. Thakur Muneshwar
Nath Singh, 1984 (4) SCC at page 649, Mohan Rawale v.
Damodar Tatyaba@ Dadasaheb, 1994 (2) SCC at page 393,
Mahadeorao Sukaji Shivankar v. Ramaratan Bapu & Ors., c
2004 (7) SCC at page 181, Regu Mahesh v. Rajendra Pratap
Bhanj Dev, AIR 2004 SC at page 42 and 43 and Ram Sukh
v. Dinesh Aggarwal, 2009 (10) SCC at page 548 and 549.
37. Dealing with this preliminary question as to whether the
election petition filed by the respondent was fit to be dismissed D
on the ground of the lack of 'material facts' with 'material
particulars', we are fully conscious of the well-settled legal
position to the effect that if the election petition fails to disclose
any cause of action and there is non-compliance of the
mandatory requirements of Section 83 of the Representation E
of People Act 1951 which requires that the election petition
should contain material facts on which the petitioner relies, it
should set forth full particulars of any corrupt practice including
full statement of the names of the parties which is alleged to
have been committed alongwith the specific date and place of F
the commission of such corrupt practice. But it would also be
equally appropriate to bear in mind that although the expression
'material facts' has neither been defined in the Act of 1951 nor
in the Code of Civil Procedure, it has been understood by the
courts in general terms to mean the entire bundle of facts which G
would constitute a complete cause of action. Their Lordships
of the Supreme Court in 2009 (10) SCC at page 548 have
observed thus:
"'material facts' are facts upon which the plaintiffs cause
'.!
H
382 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A of action or the defendant's defence depends. Broadly
speaking, all primary or basic facts which are necessary
either to prove the cause of action by the plaintiff or
defence by the defendant are 'material facts'. Material facts
are facts which, if established, would give the petitioner the
B relief prayed for. But again what could be said to be
material facts would depend upon the facts of each case
and no rule of universal application can be laid down".
This authority has also taken note of the ratio of the
decision in the case of Samant N. Balkrishna v. George
C Fernandez wherein the three Judge Bench headed by the then
Chief Justice M. Hidayatullah laid down five criteria which are
mandatory under Section 83 of the Act for determination as to
whether the Election petition discloses that it does not lack in
material facts and particulars. It was laid down therein that i~ is
D mandatory to first of all record a concise statement of material
facts and then the fullest possible particular. Any omission of
even a single material fact leads to an incomplete cause of
action and statement of claim would be treated as bad. The
function of particulars is to present in full, a picture of the cause
E of action and to make the opposite party understand the case
he will have to meet. The learned Judges further held therein
that the 'material facts' and 'material particulars' are distinct
matters and while the material facts will mention statements of
fact, the particulars will set out the names of persons with date,
F time and place while stating the material facts as it will not be
sufficient merely to quote the words of the section since the
efficacy of the material facts in that event would be lost.
38. While dealing with the question of material facts and
G material particulars, we also considered it appropriate to take
into account the ratio of the decision delivered in the case of
Mahadeorao Sukaji Shivankar Vs. Ramaratan Bapu and Ors.
reported in 2004 (7) SCC 181 wherein the three Judge Bench
of this Court had been pleased to consider the question as to
wh.at would constitute material facts and material particulars and
H
GOVIND SINGH v. HARCHAND KAUR .383
[GYAN SUDHA MISRA, J.]
also discussed its concept and the distinction between the two. A
In this authority too, it was emphasized and held that what
particulars would amount to 'material facts' would depend upon
the facts of each case and no rule of universal application can
be laid down. It was also held that material particulars, on the
other hand, are details in support of material facts and the. B
expression material facts although have not been defined in the
Act nor in CPC, it will have to be inferred that material facts
are those facts upon which the party relies for his claim or
defence. In other words, material facts are facts upon which the
plaintiffs cause of action or the defendant's defence depend. c
But what particulars ultimately will be said to be 'material facts'
would depend upon the facts of each case and no rule of
universal application can be laid down. Particulars, on the other
hand, are details in support of material facts pleaded by the
party. This amplify, refine and embellish material facts by giving
0
finishing touch to the basic contours of a picture already drawn
so as to make it full, more clear and more informative. Thus,
material particulars ensure conduct of fair trial which would not
take the opposite party by surprise.
39. The ratio that can be deduced from the aforesaid three E
authorities of the Supreme Court has further been reiterated
in the case of Samant N. Balkrishna v. George Fernandez and
latter on in Mahadeorao Sukaji Shivankat v. Ramaratan Bapu
& Ors., 2004 (7) SCC 181 as also in Ram Sukh (supra)
wherein it has been once again held that although, it is the legal F
requirement under Section 83 of the Act of 1951 to clearly set·
out material facts and material particulars in the election
petition, ultimately it has been unequivocally held that there can
be no rule of universal application which can be laid down as
to what would constitute 'material facts' and 'material G
particulars' and ultimately it is the facts of each case which will
be relevant for determination as to whether the election petition
was fit to be rejected on the plea of lack of material facts and
material particulars or it was fit to be entertained if the same
disclosed a cause of action for consideration by the Court. H
384 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A 40. We have, therefore, carefully considered the
correctness of the assertion of the counsel for the appellant
whether the election petition in the case at hand was fit to be
rejected for want of material facts and material particulars and
we have noticed that the respondent has categorically stated
B the date, time and place of occurrence of the alleged corrupt
practice at the instance of the appellant and has also given out
the names of the witnesses who were to support the election
petition filed by the respondent. But what exactly would be the
worth of the evidence of witnesses relied upon by the counsel
c was a matter to be considered at the appropriate stage during
trial, but to contend that the election petition lacked in material
facts and material particulars due to which the election petition
filed by the respondent was fit to be rejected on the ground of
lack of material facts and material particulars, would not be
legally correct and justified. In fact, we have noticed that the
0
High Court in the impugned judgment and order has not even
addressed this issue as to whether the petition was fit to be
rejected on this ground or not, but the counsel for the appellant
seems to have acquiesced with the same. However, since the
counsel for the parties have addressed this Court on this issue
E which is clearly in the nature of a preliminary objection, we
considered it just & appropriate to deal with this issue but for
the reasons stated hereinbefore, we do not accept the
contention of the counsel for the appellant that the Election
petition was fit to be rejected for lack of material facts and
F material particulars.
41. The next question on which the entire edifice of the
election petition rests, which has been the core issue on which
the counsel for the parties have addressed this Court, is the
G question as to whether the appellant -returned candidate had
indulged in corrupt practice or not while contesting in the
Assembly Election of Sherpur Constituency. As already stated
hereinbefore, learned counsel had, first of all, submitted that the
corrupt practice of bribery defined in Section 123 (1) will be
H attracted only if it had been committed by the candidate after
GOVIND SINGH v. HARCHAND KAUR 385
[GYAN SUDHA MISRA, J.]
filing his nomination paper. It was submitteq that the appellant A
had resigned as Social Security Minister on January, 12 2002
and filed his nomination subsequently on 23rd January, 2002.
Hence, there could be no question of misuse of power by him
after he resigned from the post of Social Security Minister as
also the party and subsequently became a candidate for the B
election. Consequently, the allegation of corrupt practice of
bribery is not made out as the alleged action relates to the
period when he was no longer holding the charge of Social
. Security Minister. The counsel further elaborated on this aspect
and submitted that the period of misuse of power alleged by c
the respondent herein pertain to the period between January
23, 2002 to 9th, 1Oth and 11th February, 2002 during which the
petitioner was admittedly not a Minister. Hence, the Petition has
a fatal contradiction between the allegation and the time period
to which the allegation pertained as the petitioner had
0
admittedly resigned as a Minister on January 12, 2002. The
counsel, therefore, submitted that the alleged corrupt practice
pertains to the period when the appellant herein was the
Minister which position he relinquished before becoming a
candidate in the election and hence, there could be no question
of distribution of pension by him during the election when he E
ceased to be a Minister. It was submitted that in the present
case none of the witnesses can be relied upon to come to a
conclusion that the appellant had committed corrupt practice
as PW-9, Ram Singh was summoned to prove that the
appellant had delivered speeches at village Ladda promoting F
feeling of enmity on the ground of religion, caste and community
and further to influence people not to vote for the party belonging
to which the respondent belonged. It was submitted that this
witness did not depose for the purpose for which he was called
to give evidence which was the issue of illegal distribution of G
pension by the appellant to his voters.
42. The counsel for the respondent, on the other hand,
relied upon the evidence of PWs - 9, 10 and 11 referred to
hereinbefore and submitted that these witnesses have stated H
386 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A categorically that the public meetings were called and forms
were filled and the amount of Rs. 600 to Rs. 1200 were paid
to various people in the name of pension during a public
meeting. The counsel for the respondent, therefore, urged that
these three witnesses ought to be relied upon in support of the
B plea that the appellant had misused his official position and got
the pension distributed which was clearly with a motive to
influence the voters in his favour. The counsel has taken us to
the evidence of PW-9, Ram Singh and cross-examination of
PW-10, Jaspal Singh who was a Sarpanch of village lbrahimpur
c from 1992 to 2003 and had failed in the Assembly Election of
2002 which was held on 13.2.2002, as also in his cross-
examination. The counsel further has taken us through the
evidence of PW-11, Davinder Singh who was a voter in village
Gathala which falls in Sherpur Constituency.
D 43. On a careful analysis of the case and counter case of
the returned candidate that is the appellant herein and the
defeated candidate - respondent herein, it is patently clear that
the allegation of corrupt practice in regard to distribution of
pension can be divided into two parts - the first part relates to
E the distribution of pension which pertains to the period prior to
12.1.2002 and the second part pertains to three dates which
is 10/11/12.2.2002 when the appellant was a candidate for the
election but was no longer a Minister so as to distribute old age
widow/handicapped persons. In factual aspects of the matter
F this clearly indicate that even if the plea of the respondent -
election petitioner with regard to the allegation of distribution
of pension amounting to corrupt practice which pertained prior
to the period of January 12, 2002 is taken into consideration,
the same cannot by any legal yardstick or even ordinary
G prudence would constitute indulgence in corrupt practice by the
appellant as he was duly holding the portfolio of Social Security
as Minister who had the legal authority to approve distribution
of pension as part of his official duty. It is not difficult to infer
that the distribution of pension to the eligible persons in the
H constituency or even outside the constituency was part of the
GOVIND SINGH v. HARCHAND KAUR 387
[GYAN SUDHA MISRA, J.]
discharge of official duty as Minister and it is nobody's case A
that this distribution did not lie within the legal domain of the
Minister who could order distribution of pension to the eligible
persons in the area who were either old, handicapped or
widow. Therefore, distribution of pension to old age/widow/
handicapped persons which was ordered or approved ensuring s.
its distribution could not possibly be inferred as an action which
could amount to indulgence in corrupt practice. We, therefore,
find sufficient reason and force in the plea of the counsel for
· the appellant to the effect that the corrupt practice of bribery
as defined in Section 123(1) would be attracted only if such act c
had been committed by a candidate after filing of his nomination
paper and the ratio of the judgment relied upon by the counsel
for the appellant in the case clearly adds weight to his
submission.
44. We, thus, do not agree with the High Court that although D
the appellant had resigned as Social Security Minister on
January 12, 2002, the same would not have any bearing on his
defence that he had not indulged in corrupt practice, at least in
so far as distribution of pension from to 12th January, 2002 is
concerned and the same would clearly be in favour of the E
appellant as any distribution of pension that was made prior to
the filing his nomination on 23rd January, 2002 whether in the
capacity as a Minister or otherwise, would clearly not amount
to indulgence in corrupt practice. In the decision relied upon by
the counsel for the appellant delivered in the case of Mohan F
Rawale v. Damodar Tatyaba @ Dadasaheb - 1994 (2) SCC
392 also, it was held that the expression 'candidate' in Section
79(b) of the Act completely excludes the acts by a candidate
up to the date he is nominated as a candidate. Therefore, the
allegations relating to the period anterior to the commencement G
of the candidature cannot be relied upon to establish corrupt
practice proprio vigore.
45. Reliance was also placed by the counsel in the matter
reported in Kona Prabhakara Rao v. M. Seshagiri Rao -1982
H
388 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A (1) SCC 442 wherein it was contended that any act attributed
to the appellant in his capacity as a Minister, even if assumed
to be correct although the same are disputed, would not come
within the ambit of corrupt practice as sanction, approval or
a
grant of pension by a Minister during his tenure as Minister
B cannot amount to bribery under clause (1) of Section 123 of
the Act as it is not a gift, offer or promise of any gratification
which is a sine qua non for attracting the said provision.
Sanction and approval for grant of pension as a Social Security
Minister clearly would be within the ambit of the authority of the
c Minister to get it distributed as not distributing pension while
discharging the functions of a Minister would on the contrary
amount to non-performance on the part of the Minister in the
State which could also include his constituency and to hold that
even though the Minister had the authority to sanction and
approve old age/widow/handicapped pension the same was
0
done in order to lure the persons of his constituency so as to
vote for him in any future election which he might contest and
the same would amount to offer or promise of any gratification,
would be wholly unrealistic and a far fetched allegation. In fact
it has not even been contended and rightly so, that the appellant
E herein who was then a Minister, had no authority to sanction
and approve the distribution of pension although he was a
Minist'3r. What has been contended, is that the same had been
done with an oblique motive to influence the voters of his
constituency so that they would vote for him in the ensuing
F election. This allegation would be difficult to accept and hold it
as proved as the candidature of the appellant had not even
been announced in the year 2001 although it could be
perceived as a mere possibility that he might contest in future
election. In any case, it was difficult to anticipate from which
G constituency he would be contesting and whether he would be
contesting under the banner of any party or would be contesting
as an independent candidate. Hence, it is not difficult to hold
that the allegation of corrupt practice on the ground that he had
distributed pension in his constituency although he was holding
H
GOVIND SINGH v. HARCHAND KAUR 389
[GYAN SUDHA MISRA, J.)
. the portfolio of a Social Security Minister upto 12th January, A
2002 is illogical, bereft of reasoning and hence illegal.
46. As already recorded hereinbefore, this Court in a
series of decisions out of which two have been referred to
hereinbefore, have taken the view that any act performed by a B
candidate prior to his becoming a candidate would not amount
to indulgence in corrupt practice. However, we do not wish to
be understood so as to endorse that even if any illegal act has
been done by a candidate prior to his filing of nomination which
is not within the legal discharge of duty, would not amount to c
corrupt practice so as to protect himself from the charge of
corrupt practice. But where the appellant in discharge of his
official duty distributed, sanctioned, approved or permitted the
grant of old age/widow/handicapped pension prior to the filing
of his nomination which was 23rd January, 2002 in the case at 0
hand, it cannot be construed as indulgence in corrupt practice
and hence, we find sufficient force in the contention of the
counsel for the appellant on this count to the effect. that he cannot
be held to have committed corrupt practice if he had distributed
pension amount even in his constituency upto 12th January,
2002 which was clearly within his legal and official domain as
E
he was not a candidate in the election.
47. However, the respondent - election petitioner has also
alleged that even after filing his nomination on 23rd January,
2002 and immediately before the date of polling on 13.2.2002, F
the appellant had gone to his constituency and in brazen
defiance of the Code of Conduct of Election, distributed
pension through his agent on 10/11/12.2.2002 and this part of
the allegation which may be treated as second part of the
allegation obviously would have a serious bearing on the G
allegation of corrupt practice against the appellant in case it is
held to be proved, since the distribution of money under the
garb of pension immediately prior to the date of polling, will
have to be treated clearly and unambiguously as corrupt
practice within the meaning of Section 123 of the Act of 1951. H
390 SUPREME COURT REPORTS (2010] 14 (ADDL.) S.C.R.
A But we have to bear in mind that this serious allegation will
have to pass through the litmus test in the light of the evidence
of the witnesses led by the respondent in support of his
allegation so as to arrive at a conclusive finding whether the
witnesses are fit to be relied upon in order to uphold the
B allegation of corrupt practice.
48. At this stage, it would be worthwhile to recollect the well-
settled legal position that a charge of corrupt practice is in the ·
nature of a quasi-criminal charge, as its consequence is not
only to render the election of the returned candidate void but in
C some cases (as in the instant one) might incur disqualification
from contesting even the next election. The evidence led in
support of the corrupt practice must therefore, not only be
cogent and definite but if the Election petition has to succeed,.
it must establish definitely and to the satisfaction of the court,
D the charge of corrupt practice which the defeated candidate
levelled against the returned candidate. The onus lies heavily
on the election petitioner to establish the charge of corrupt
practice and in case of doubt the benefit goes to the returned
candidate. It is well acknowledged that in the case of an election
E petition, based on allegations of commission of corrupt
practi~e. the standard proof generally speaking is that of a
criminal trial, which requires strict proof of the charge beyond
reasonable doubt and the burden of proof is on the candidate
who alleges corrupt practice and that burden does not shift. This
F was the view expressed by their Lordships in the case of
Gajanan Krishnaji Bapat v. Dattaji Raghobaji Meghe reported
in 1995 (5) SCC 360 wherein their Lordships had placed
reliance also on the case of Nihal Singh v. Rao Birendra Singh
& Anr. - 1970 (3) SCC 239, Om Prabha Jain v. Charan Das
G - 1975 (4) SCC 849, Dau/at Ram Chauhan v. Anand Sharma
- 1984 (2) SCC 64 and Quamaru/ Islam v. S.K. Kanta -1994
Supp (3) SCC 5 wherein the same view had been taken.
However, the Courts have been cautioned to hold that even
though the burden is on the petitioner to prove the charge of
H corrupt practice, it should not be understood to mean or imply
GOVIND SINGH v. HARCHAND KAUR 391
[GYAN SUDHA MISRA, J.]
that the returned candidate is absolved from his liability to A
bringforth the evidence on the record to revert the case of the
petitioner and particularly prove such facts which are within the
special knowledge of the elected candidate.
49. It was further held in the case of Surinder Singh v.
B
Hardia/ Singh- 1985 (1) SCC pg. 91 & 97 : AIR 1985 SC 89
that the charges of corrupt practice are to be equated with
criminal charges and proof thereof would not be preponderance
of probabilities, as in civil action, but proof beyond reasonable
doubt and if after balancing the evidence adduced, there still C
remains little doubt in proving the charge, its benefit must go
to the returned candidate. Various tests have been laid down
by the High Courts and by the Supreme Court to determine the
burden of proof required to establish a corrupt practice. The
most well accepted test however is that the charge must be
established fully to the satisfaction of the Court. But while D
insisting upon the standard of strict proof beyond a reasonable
doubt, the courts are not required to extend or stretch the
doctrine to such an extreme extent as to make it well nigh
impossible to prove any allegation of corrupt practice as was
observed in the case of S. Harcharan Singh v. S. Sajjan Singh E
- 1985 (1) SCC 370 : AIR 1985 SC 236 wherein it was held
that such approach would defeat and frustrate the very laudable
and sacrosanct object of the Act for maintaining purity of the
electoral process.
F
50. Bearing the aforesaid principle and the aforesaid legal
proposition of law in mind, we have examined the evidence led
by the election petitioner/the respondent herein as to whether
the allegation of distribution of pension on 10/11 /12.2.2002
which was immediately prior to the date of polling has been G
held to be proved or not. As already noted, the respondent in
this context has relied upon PW-9, PW-10 and PW-11.which
has been extensively related hereinbefore.
51. However, when we scrutinized the evidence of PW-9,
we have noticed that PW-9 has not stated as to what are the H
392 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A entries that are made and who are the persons for whom the
entries have been made. This witness in his cross-examination
has merely stated that he disclosed to the respondent about
payment of Rs. 1200 after about a month of the incident and
he was paid amount to Rs.1200 but there is no evidence on
B record that PW-9 is a pension holder or is entitled to grant of
pension. No document has been produced to show that he is
entitled to pension as per Government policy or any pension
was ever sanctioned to him. Thus, there is no corroboration to
the evidence of PW-9 to allege payment of Rs. 1200. PW-9
c has also stated in his cross- examination that he came to the
High Court to give evidence with the respondent in her car and
the whole expenses of travel as well as eatables were borne
by her. It, therefore, cannot be ruled out that PW-9 is a highly
interested witness belonging to the village of election petitioner
who had been brought before the Court in the car of the election
0
petitioner.
52. The evidence by PW-10 Jaspal Singh is also not free
from blemish. When the first list of witness filed by the
respondent Jaspal Singh was summoned to prove that the
E appellant distributed cash at various places for getting votes,
the name of Jaspal Singh had been deleted in the revised list
of witnesses and in any event, there were no details as to the
date and place of alleged distribution of cash regarding which
this witness was to depose. On perusal of the deposition of this
F witness, it is evident that he has not stated the name of any
person to whom cash was allegedly paid as was claimed by
him. No pension book entry made by the appel!ant had been
produced on record and the pension book which was produced
on record bearing Exhibit PW-4/1, PW-4/84 does not have any
G entry made by the appellant. This witness has also not stated
that the appellant has made any entry in the aforesaid book
produced on record and no other pension book except
aforesaid are on record. The witness also appears to be highly
interested as he admitted that he belongs to the party to which
H the respondent belongs.
GOVIND SINGH v. HARCHAND KAUR 393
[GYAN SUDHA MISRA, J.]
53. PW-11 had stated in his evidence that the appellant A
came to his village on 7 .1.2002 and opened accounts of
various persons and distributed copies of passbook concerning
pensions. It was submitted that opening of accounts and or
distribution of paper is not a corrupt practice even if such
evidence is believed it pertains to the period when the appellant B
was functioning as Minister and hence was legally authorized
to approve of the sanction. PW-11 has further deposed that on
10.2.2002 appellant came to his village for the second time and
invited the villagers to come over and collect the pension in the
form of Rs. 500 each. But the names of persons by whom the C
alleged amount of Rs. 500 was given have not been mentioned.
This witness has not stated that any amount was given to him .
. It was, therefore, submitted that no reliance ought to have been
placed on this vague statement by this witness that cash was
given to person in the absence of identity of those persons. This
0
witness also appears to be highly interested witness as he has
admitted that his wife was given ticket for Panchayat Samiti
election by the party to which the respondent belongs. It was,
therefore, submitted by the counsel for the appellant that reliance
ought not to have been placed on the evidence of PW-9, PW-
10 and PW-11 for recording of finding of corrupt practice of E
testimony of these witnesses. It was also pointed out that PW-
12 the respondent herself has not given any evidence and her
evidence is only hearsay. Therefore, her evidence is of no worth
or value so as to prove the charge of corrupt practice.
F
54. In so far as the documentary evidence relied upon by
the High Court is concerned, it was submitted that Exhibit PW
1/1 to PW 1/45 are the applications for grant of pensions. It was ·
stated that these applications pertain to the period of 28.2.2001
to 4.12.2001 when the appellant was a Minister and the G
appellant became a candidate for the election on 23.1.2002
when he filed his nomination paper and thus any action taken
by him prior to this date cannot amount to corrupt practice
within the meaning of Section 123 of the Act. Furthermore, these
applications also bear the endorsements of (a) Village H
394 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A Sarpanch (b) Halka Lambardar, (c) village Patwar, (d) Block
Development Project Officer, (e) Clerk in the office of the Sub
Divisional Magistrate, and (f) Sub Divisional Magistrate, who
are the sanctioning authorities. It was, therefore, submitted that
these exhibits ought not to have been relied upon to conclude
B that the appellant had committed corrupt practice.
55. From the aforesaid critical analysis made by the
counsel for the contesting parties on the evidentiary value of
the witnesses for proving and disproving the alleged charge of
corrupt practice, it is evident that in so far as the alleged
C distribution of cash on 10/11/12.2.2002 is concerned, the oral
evidence of PW-9, PW-10 and PW-11 alone are on record but
the documentary evidence which has been placed by the
respondent has absolutely no connection and link in regard to
distribution of pension on 10/11/12.2.2002 and it is not difficult
D to notice the reason for non-production of these documents as
admittedly, the appellant had ceased to be a Minister on that
date. Hence, if any endorsement of the distribution of pension
even if it were made for 10/11/12.2.2002, the same cannot be
attributed to the appellant in order to prove the charge of corrupt
E practice alleging distribution of cash to the voters. Thus, the
allegation of the distribution of cash on 10/11 /12.2.2002 rests
only on the oral testimony of PW-9, PW-10 and PW-11 as even
the defeated candidate Smt. Harchand Kaur PW-12 has not
been able to state anything which would prove the charge of
F distribution of cash on these three dates prior to the date of
election.
56. But having analyzed the oral evidence relied upon by
the High Court, we have noticed that the High Court has placed
G heavy reliance on the evidence of PWs-9, 10 and 11 but has
failed to take into account the evidence of PW-1-Smt. Paramjit
Kaur, Child Development Project Officer, Dhuri, PW-2-Shri
Devinder Kumar, Superintendent Social Security in the office
of District Programme Office, Sangrur, PW-4 - N.K. Kapur ,
Assistant Manager, State Bank of Patiala, Ghanauri Kalan,
H
GOVIND SINGH v. HARCHAND KAUR 395
[GYAN SUDHA MISRA, J.]
PW-5 - Shri Satish Kapur son of Shri Sohan Lal Kapu, District A
Social Security Officer, Sangrur and PW-6 -Jagmail Singh,
C.D.P.O. Block Malrerkotla-11 and PW-7 - Pritpal Singh,
C.P.D.O. Block Sherpur. These witnesses have deposed which
unambiguously are in the nature of rebuttal of the evidence of
PW-9, PW-10 and PW-11 who have been relied upon by the B
High Court, yet the evidence of PW-1, PW-2, PW-4 and PW-6
have been brushed aside although they were competent
authorities for distribution of pension and hence independent
witnesses who were more trustworthy in comparison to the four
witnesses i.e. PW-9, PW-10 and PW-11 who are clearly c
interested witnesses as they themselves have admitted their
link to the Respondent Smt. Kaur.
57. On scrutiny of the evidence of PW-1 Smt. Paramjit Kaur
who was the Child Development Project Officer, Dhuri and had
produced the record of old age pension of voters of Sherpur D
Constituency in respect of 12 villages indicate that it pertained
to January/February, 2002 and had been exhibited as PW-1/1
to PW-1/4. This witness has deposed that old age pension is
given to the males of 65 years and females of 60 years. The
application in this regard had to be submitted to the Child E
Development Project Officer for grant of pension which was to
be forwarded to the Sub-Divisional Magistrate who was the
sanctioning authority. The pension letters were issued after the
sanction was accorded by the Sub-Divisional Magistrate. The
attention of this witness was drawn to the words (Parwan) F
written in the Punjabi script which in English means approved
and underneath the words 'Parwan', the signatures were alleged
to be of the appellant herein Govind Singh. This signature was
alleged to have appeared in all the applications Exhibits PW-
1/1 to PW-1/45 but this PW1-Child Development Project Officer G
deposed that a Minister is not directly involved in sanctioning
the old age pension and if an applicant is not eligible and does
not fulfill the requirement of getting pension, then even on the
asking of the Minister such a person cannot be granted
pension. She has further admitted familiarity with the returned · H
396 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A candidate as she had been meeting the appellant as a Minister
in the official meetings. Thus, this witness can clearly be treated
as an independent witness who has not supported the case of
the respondent in regard to distribution of pension at the hands
of the appellant.
B
58. Similarly PW-2 Shri Devinder Kumar, Superintendent
Social Security in the office of District Programme Office,
Sangrur has conceded in the cross-examination that approval
letters were in respect of the whole District of Sangrur and not
of Sherpur Constituency alone and the orders did not have the
C signatures of the returned candidate.
59. PW-4 Shri N.K. Kapur, Assistant Manager, State Bank
of Patiala, who was posted at Ghanauri Kalan Branch of the
Bank had produced on record the original ledger and
D photocopies of samples from the original ledger in respect of
84 persons belonging to village Ghanauri Kalan and Ghanauri
Khurd. These documents were exhibited as Exs. PW-4/1 to
PW-4/84. This witness stated that no other amount could be
credited in these accounts except the pension received by the
E person concerned from the Social Security Department. In his
cross-examination, this witness stated that those accounts were
opened on 7.9.2001, 6.8.2001 and on some other dates. But
this witness has further deposed that he was not in a position
to state whether any deposit had been made in these accounts
F in the year 2002 and in one of the accounts no transaction has
been recorded i>howing any credit. In another account opened
on 25.2.2002 he denied the opening of account by him or the
procedure for releasing the pension or personal knowledge
about the identity of any of the 84 persons.
G 60. PW-5 Shri Satish Kapur son of Shri Sohan Lal Kapur,
District Social Security Officer, Sangrur stated that pension was
released from November 2001 to March 2002 and the
payments have been made from August, 2001 to February,
2002. He had produced copies of compilation made from
H originals as well as the original themselves. He showed his
GOVIND SINGH v. HARCHAND KAUR 397
[GYAN SUDHA MISRA, J.]
inability to explain as to who had sanctioned the pension by A
stating that he was not posted at Sangrur. The compilation
placed on recorcrhad been duly certified by the District Social
Welfare Officer, Sangrur.
61. PW-6 Jagmail Singh, C.D.P.O. Block Malrekotla-11, had B
produced 92 applications in respect of pension out of which
86 belong to old age pension, 5 of handicapped and only 1
belonged to widow category. These applications were
submitted before July, 2001 which was admitted by this witness
himself. Similar is the position with regard to the pension record C
pertaining to the year 2001 which had been produced by PW-
7 Pritpa! Singh, C.P.D.O. Block Sherpur.
62. All the aforesaid witnesses namely PWs 1, 4, 5, 6 and
7 therefore who can clearly be treated as non-partisan
witnesses and were competent to depose as to how the pension D
applications were sanctioned have not supported the case of
the respondent that any illegality had been committed by the
appellant while distributing pension which started from the year
2001 and continued up to March 2002. In spite of this, the High
Court has not given any weightage to the depositions of these E
witnesses but has chosen to rely only on the evidence of PW-
9 Ram Singh, PW-10 Jaspal Singh, PW-11 Devinder Singh
and PW-12 Harchand Kaur who can clearly be treated as
interested witnesses. The depositions of these witnesses
clearly stand contradicted by the evidence of PW-1-Child F
Development Project Officer, Dhuri who had deposed and
stated the procedure and the manner in which the application
for grant of pension had to be approved. As indicated
hereinabove, she has stated that the application had to be
submitted to the Child Development Project Officer for grant of G
pension and the same was forwarded to the Sub-Divisional
Magistrate who is the sanctioning authority and after sanction
was accorded by the Sub-Divisional Magistrate, the pensions
are issued. It is difficult to appreciate as to how the statement
of this witness can be treated less trustworthy than PW-10 H
Jaspal Singh who was the Sarpanch and claims to have
398 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A identified the signature of the appellant herein when the
competent authority PW-1- Child Development Project Officer
could not recognize the signature of the appellant. PW-1-Child
Development Project Officer, Dhuri in comparison to PW-10
was more competent who is a sarpanch and cannot be treated
B to be the competent authority to sanction the application for
grant of pension who could be relied by the High Court when
the competent authority Child Development Project Officer has
not supported the evidence of PW-10. The sarpanch PW-10
Jaspal Singh as per his own version was a supporter of the
c party to which the respondent belong and hence the credibility
of this witness cannot be more weighty than the credibility of
PW-1 -Child Development Project Officer who was competent
to approve the application after which it was forwarded to the
Sub-Divisional Magistrate for grant of pension. The value of the
D evidence of PW-10 definitely, therefore, cannot be treated to
be more weighty and worthy of credence than the evidence of
PW-1.
63. PW-11 Devinder Singh although has supported the
case of defeated candidate Smt. Kaur in regard to grant of old
E age and handicapped pension but he also has conceded that
the election petitioner i.e. the defeated candidate Smt. Kaur I
respondent herein had helped his wife during the election and
she secured ticket for his wife. Thus this witness has also
clearly admitted personal allegiance to the respondent herein
F and hence his evidence cannot be treated to be more
trustworthy than the evidence of the officers who were PW-1,
PW-2, PW-4, PW-5 and PW-6 who have not supported the
case of the respondent and Smt. Kaur herself has not been
able to depose anything which could improve her case in any
G manner. Thus, while comparing the.evidence of PW~9. PW-10,
PW-11 and PW-12 relied upon by the respondent Smt. Kaur
with the evidence of PW-1, PW-2, PW-4, PW-5 and PW-6, it
is not possible to attach more weight to the witnesses relied
upon by the respondent herein as we cannot overlook the well-
H settled position that the behaviour, character and demeanor of
GOVIND SINGH v. HARCHAND KAUR 399
[GYAN SUDHA MISRA, J.]
the witnesses who had been examined at the stage of trial has A
to be taken into account and is of prime consideration. In view
of this position, the evidence of PW-1, PW-2, PW-4, PW-5 and
PW-6 is clearly more reliable than PW-9, PW-10 and PW-11.
64. In so far as the allegation of appointment of some
B
ladies as Anganwadi workers is concerned, PW-1-Child
Development Project Officer, Dhuri who is Smt. Paramjit Kaur
had deposed that applications of various candidates who
sought appointment as Anganwadi workers which has been
exhibited as Exs. 1/46 to PW-1/70 were given appointments
till 2002 and in her cross-examination she further stated that C
she was not posted at Dhuri which covered the Constituency
in question when these appointments were made. She further
deposed that a Selection Committee· on the basis of the
instruction issued in the year 1988 was constituted. The Child
Development Project Officer as well as the Senior Medical D
Officer used to be the members. The Anganwadi workers were
required to be selected from the village or at the most from the
adjoining village. No MLA or Minister was the member of the
Selection Committee. She has given details of marks which
had been allocated in the interview. The witness was confronted E
with the instructions dated 31.5.2000 to show the allocation of
marks for various qualifications and the document was taken
on record as Exs. PW-1171, she has candidly and unequivocally
accepted that all applicants were appointed before 11.11.2001
and no one was appointed thereafter and it may be reiterated F
herein that even if the Anganwadi workers were appointed in
the year 2001, the same cannot clearly be held to be illegal as
the appellant was admittedly a Social Security Minister at the
relevant time and therefore any appointment made during this
period cannot be alleged to be indulgence in corrupt practice G
in order to impress the voters as .these appointments were
made in the year 2001 much before the appellant became the
candidate in the election. We, therefore, find substance in the
plea that the exhibits relied upon by the appellant alleging illegal
appointment of the Anganwadi workers do not strengthen the
H
400 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A case of the respondent in any manner. As already stated
hereinbefore, we fail to comprehend as to how the appellant
could be held to be instrumental in appointing the applicants
as Anganwadi workers when he had ceased to be a Minister
and had already declared his candidature as an independent
8 candidate as he had no legal authority to appoint Anganwadi
worker after he had resigned from the post of Minister on
12.1.2002 and had filed his nomination on 23.1.2002. The
counsel for the respondent also has not laid much emphasis
on this plea and the arguments that have. been advanced by
C the counsel for the parties are primarily on the allegation of
corrupt practice regarding distribution of cash as pension
amount while he was a Minister and even after he had been
declared as a candidate.
65. Thus, we have noticed serious infirmities,
D inconsistencies in the evidence of the three witnesses i.e. PW-
9, PW-10 and PW-11 relied upon by the High Court in support
of the case of the respondent herein who could not be treated
as independent and trustworthy witnesses as against PW-1,
PW-2, PW-4, PW-5 and PW-6 discussed hereinbefore who
E were the competent authorities/officials to sanction pension
applications as also in regard to grant of appointment to
Anganwadi workers in the year 2001 when the appellant was
a Social Security Minister and not a candidate in the election
so as to brush aside their evidence and prefer to rely upon the
F evidence of PW-9, PW-10 and PW-11 which were extremely
shaky, subjective and fragile. Besides this, the High Court has
clearly mixed up the alleged charge of corrupt practice which
pertains to the period prior to the filing of nomination of the
appellant which was on 25.1.2002 and ·had been pleased to
G set aside the election of the appellant not after a careful and
meticulous scrutiny of the evidence but on an overall view that
the appellant had indulged in corrupt practice on the evidence
primarily of three witnesses only whose testimony were neither
independent nor free from inconsistencies and at the most were
H general in nature.
GOVIND SINGH v. HARCHAND KAUR 401
[GYAN SUDHA MISRA, J.]
66. Thus, on a threadbare scrutiny of the evidence which A
we have carefully analyzed, it is not difficult to notice that the
election of the appellant could not have been set aside only on
the testimony of PW-9, PW-10, PW-11 who had failed to stand
the test of scrutiny to the extent that even though the appellant
was alleged to have indulged in corrupt practice, the same for B
the reasons assigned hereinbefore do not lead to the irresistible
conclusion that the appellant had indulged in corrupt practice
merely on account of the fact that he had distributed old age
pension or handicapped and widow pension to the voters of
his constituency although he was the Minister holding the C
portfolio of Social Security Minister within whose domain lay
the approval and distribution of pension which was in clear
discharge of official duty. The alleged case that this was done
even after he ceased to be a Minister and after he had filed
his nomination for contesting election, could not be proved with D
unimpeachable evidence since there was no reason for the
appellant to ensure compliance of formality of filling pension
forms for distribution of cash as he had ceased to be a Minister
on those dates. As the specific case of the respondent is that
pension was distributed to influence the voters, then any E
distribution made in the capacity as a Minister could not be
legally faulted as long as the same was distributed during his
tenure as Minister and after the appellant had ceased to be a
Minister, he was not legally entitled to distribute the pension and
hence ensuring compliance of formality of filling up pension F
forms with the aid of PW-10- Sarpanch by pressurizing him to
fill up pension forms makes no sense or reason so as to prove
the charge of illegal distribution of pension amounting to corrupt
practice.
67. In view of the unsatisfactory analysis of the evidence G
and erroneous approach of the High Court while recording the
finding on the issue of corrupt practice, we consider this appeal
fit to be allowed as no conclusive inference can be drawn that
the respondent Smt. Kaur who had secured only third position
in the election has succeeded in proving the charge of corrupt H
402 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A practice against the returned candidate-the appellant herein and
the same at best can be held to be based on allegations which
desperately required unimpeachable evidence of trustworthy
nature adduced by independent witnesses which could not be
treated· as tainted or evidence of doubtful nature. Since the
B charge of corrupt practice has to be proved beyond reasonable
doubt and not merely by preponderance of probabilities, the
evidence relied upon by the High Court cannot be held to be
of such probative value which do not reflect on the credibility
of the witnesses relied upon by the High Court, so as to interfere
c with the election result by which the appellant had been elected.
Consequently, we set aside the judgment and order of the High
Court and allow this appeal. However, the parties are left to bear
their own cost.
N.J. Appeal allowed.
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