Case: Ram Jiwan Singh Vs. Sis Ram and Another

question from Shri KhushiRam Agent.Yours faithfully,Sd. Mangal Sain 1-3-72, 11-3-72P.O.79, Govt. Pry. School.Dhani KhumbhawasBhorakalan.Seeking to explain this documents the witness said :I had written this document also. I was coerced to write this document 3 or 4 days after this incident a Gurgoan by Khushi Ram and Surinder Singh son of the petitioner.According to the witness, Khushi Ram and Surinder Singh had threatened him that unless he agreed to write as he was told he would not be allowed to live in Gurgaon, and out of fright he obliged. Mangal Sain added that he made over this document RW 5/P 14 to the General Assistant to the Deputy Commissioner a few days later but was told that nothing could be done with regard to his complaint at that stage.11. Ranjit Singh, General Assistant to the Deputy Commissioner, Gurgaon and Returning Officer for Pataudi assembly constituency, was examined as RW 4. He enquired into the circumstances leading to the spoiling of the ballot paper. His evidence is that he made enquiries from the Presiding Officer Mangal Sain and also from the polling staff and the polling agents of the candidates. The Presiding Officer handed over to him a report which he had prepared containing his version of the incident. According to the witness no one complained to him that the polling officer had deliberately spoiled the ballot paper. On the basis of the report submitted by the Presiding Officer which, on enquiry, he accepted as correct, he prepared his own report on the same day immediately on reaching his headquarters. That report is Ext. PW 4/P 14, which according to Mangal Sain, he was coerced to write and which he later made over to Ranjit Singh.12. The High Court on examination of the evidence found that the report of the Polling Officer, Ext. PW 30/R 2, and the endorsement thereon made by the Presiding Officer contained the authentic version of the incident regarding the ballot paper, that Exts. PW 20/PW 8 and RW 5/P 14 containing different versions of the incident must have come into existence subsequently as the suspicious circumstances surrounding the execution of these two documents suggested. The High Court did not fail to notice that the Polling Officers story of threat and coercion seemed somewhat exaggerated but in view of the other circumstances did not attach much importance to those exaggerations; among the circumstances that weighed with the High Court were that there was no possible reason why notice of the Returning Officer was not drawn to Hira Lals alleged confession contained in Ext. PW 20/P 8, the fact that no mention was made about Hira Lals alleged confession in the telegraphic complaint made by Surinder Singh to the election authorities regarding the ballot paper incident, and the circumstances that the document, Ext. PW 20/P 8, did not contain any endorsement of the Presiding Officer or any other Polling Officer which was only natural for Khushi Ram to obtain, if the allegation had been true. Considering the circumstances ourselves we think that the conclusion reached by the High Court is right and the version appearing from the report of the Presiding Officer Mangal Sain represents the correct account of the incident concerning the ballot paper.13. As for the document, RW 5/P 14, this document was not referred to in the election petition, nor was it mentioned in the list of reliance, and, as stated earlier, Returning Officer Ranjit Singh was not asked any question regarding the document which was addressed to him. It was brought out for the first time when Mangal Singh Sain was confronted with it in cross-examination, it is also difficult to explain how this document, addressed to the Returning Officer, came to be produced from the petitioners custody. For all these reasons the High Court declined, in our opinion rightly, to place any reliance on it.14. The only other ground that was urged in this appeal, rather halfheartedly, is built on the allegations in paragraphs 7, 8, 12 (ii) and 12 (iii) of the election petition. It is stated that the first respondent got printed a handbill, Ext. PW 1/P 2 in the name of his agent and supporter Shiv Narain Chauhan from M/s. P. K. Press, Delhi, which, contains an appeal to the voters on the ground of castes and includes a wrong statement of fact, which the first respondent and his agent Shiv Narain both knew to be false, regarding the candidature of the second respondent, Shri Mangtu Ram, that he was a figurehead set up by the petitioner for this own benefit. It is further alleged that the first respondent and his agent Shiv Narain distributed copies of the handbill a few days before the polling in the meetings held in several villages in the Pataudi constituency with the intention of furthering the election prospects of the first respondent. The contents of the handbill distributed in these meetings constitute, according to the petitioner, corrupt practices within the meaning of sub-sections (3) and (4) of Section 123 of the Act.15. The evidence as to the distribution of handbills, as found by the High Court, is vague and unconvincing. Khairati Lal (PW 1), proprietor of the press where the handbills are said to have been printed, had not met the person who placed the order for printing. The manager of the press who was best person to fix the identity of the person who placed the order was not examined. The manuscript of the handbill has not been produced, to which the explanation given by Khairati Lal that it had been destroyed was not found believable by the High Court. The register, Ext. PW 1/P 1, produced by Khairati Lal, discloses that it was not regularly kept in the course of business, and the entries therein have not been proved by independent evidence. We therefore, agree with the High Court that the petitioner has failed to prove the charge of corrupt practice under sub-sections (3) and (4) of Section 123 of the Act.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]13. As for the document, RW 5/P 14, this document was not referred to in the election petition, nor was it mentioned in the list of reliance, and, as stated earlier, Returning Officer Ranjit Singh was not asked any question regarding the document which was addressed to him. It was brought out for the first time when Mangal Singh Sain was confronted with it init is also difficult to explain how this document, addressed to the Returning Officer, came to be produced from the petitioners custody. For all these reasons the High Court declined, in our opinion rightly, to place any reliance on it.The evidence as to the distribution of handbills, as found by the High Court, is vague and unconvincing. Khairati Lal (PW 1), proprietor of the press where the handbills are said to have been printed, had not met the person who placed the order for printing. The manager of the press who was best person to fix the identity of the person who placed the order was not examined. The manuscript of the handbill has not been produced, to which the explanation given by Khairati Lal that it had been destroyed was not found believable by the High Court. The register, Ext. PW 1/P 1, produced by Khairati Lal, discloses that it was not regularly kept in the course of business, and the entries therein have not been proved by independent evidence. We therefore, agree with the High Court that the petitioner has failed to prove the charge of corrupt practice under) and (4) of Section 123 of the Act.