Case: Balwan Singh Vs. Prakash Chand and Others (Vice-Versa)

other use of the tractor on the date of the poll if that was within his special knowledge, but he has not done so. On the other hand, as has been shown, his attempt to prove that the tractor had been sent to the National Sugar Institute met with dismal failure. His wife Smt. Vimla did not even appear as a witness and no attempt was made even to examine the driver of the tractor although the appellant has stated that tractor UPG 9962 was driven by a driver whose name was Rangilal.22. It is not always possible for an election petitioner to adduce direct evidence to p rove that a particular vehicle was hired or procured by the candidate or his agent or by any other person with the consent of the candidate or his election agent, but this can be inferred from . the proved circumstances where such inference is justifiable. Reference in this connection may be made to the decisions of this Court in Bhagwan Datta Shastri v. Badri Narayan Singh and others(A.I.R. 1960 S.C. 200.) and Shri Umed v. Raj Singh and others(A.I.R. 1975 S.C. 43.). In the present case, it has been proved by clear and reliable evidence that tractor UPG 9962 was used for the conveyance of electors to and from the Naubasta 1 a polling station, and r that it was so used by the workers of the appellant. Then there is the further fact that the voters were conveyed free of cost. It has also been proved that the tractor belonged to the appellants wife and he could not succeed in his effort to prove that it was used elsewhere or for some other purpose. In these facts and circumstances, it would be quite permissible to draw the inference that the tractor had been procured, by the appellant for the free conveyance of the electors.For the reasons mentioned above, we have no doubt that the finding of the High Court that appellant Balwan Singh procured `tractor No. UPG 9962 with trolly and that they were used for the purpose of transporting the voters to the Naubasta polling station, and he thereby committed a corrupt practice within the meaning of section 123(5) of the Acts. is correct and must be upheld. In view of this categorical finding it is not necessary for us to examine the allegation regarding the hiring or procuring of tractor No. UTE 5865 and jeep No. UPW 359 for the free conveyance of electors to two other polling stations.23. It may be mentioned that in arriving at the above finding we have taken due note of the view expressed by this Court in Ram Awadesh Singh v. Sumitra Devi and others([1972] 2 S.C.R. 674.) in regard to the generation of factious feelings during elections and their continuance even after the election enabling the parties to produce a large number of witnesses some of whom may be seemingly disinterested, and the view expressed in Rahim Khan v. Khurshid Ahmed and others(19751 S.C.R. 643.) that an election once held should not be treated in a light-hearted manner and the court should insist on clear and cogent testimony compelling it to uphold the corrupt practice alleged against the returned candidate. So also, we have noticed the view expressed in Baburao Ragaji Karem ore and others v. Govind and others([1974] 2 S.C.R. 429.) that the Court should examine the evidence having regard to the fact that where the electorate has chosen their candidate at an election, their choice ought not to be lightly upset. We have also taken notice of the view expressed by Ray C.J. in Smt. Indira Nehru Gandhi v. Raj Narain(A.I.R. 1975 S.C. 299.) that in an election contest it is the public interest, not the parties claims, which is the paramount concern. Mr. Bindra has placed consider " able reliance on these decisions. But, as has been shown, the finding of the High Court regarding the aforesaid corrupt practice is based on clear, cogent and convincing evidence and there is no justification for interfering with it.Mr. Bindra has laid much stress on the fact that the appellant was successful at the election to the U.P. Legislative Assembly from another constituency in 1957, but his election was set aside on the round, inter alia, that he and/or his election agent and/or other persons with his consent, had committed corrupt practice, including the corrupt practice of hiring a tractor for the conveyance of electors. He has argued that in view of this Courts decision against him in Balwan Singh v. Shri Lakshmi Narain and others (supra) he could not possibly have taken the risk of committing another similar corrupt practice at the election in question. The argument is based on mere conjecture and cannot disprove or rebut the clear, cogent and reliable evidence on which the appellant has been held guilty of committing the corrupt practice in this case.24. Mr. Bindra tried to argue further that the High Court committed an illegality in setting aside the appellants election without finding that the result of the election had been materially affected thereby. The argument is misconceived, for it is not the requirement of section 100(1) (b) which has been found to be applicable to the corrupt practice in question, that the High Court should declare the election of the returned candidate to be void only if the result of the election has been materially affected by it.25. Another argument of Mr. Bindra was that the corrupt practice in question should not have been found to have been committed as the election petitioners did not examine themselves during the course of the trial in the High Court. There was however no such obligation on them, and the evidence which the election petitioners were able to produce at the trial could not have been rejected for any such fanciful reason when there was nothing to show that the election petitioners were able to give useful evidence to their personal knowledge but stayed away purposely.

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

Explanation:
0[ds]In view of this categorical finding it is not necessary for us to examine the allegation regarding the hiring or procuring of tractor No. UTE 5865 and jeep No. UPW 359 for the free conveyance of electors to two other pollingmay be mentioned that in arriving at the above finding we have  taken due note of the view expressed by this Court in Ram Awadesh Singh v. Sumitra Devi and others([1972] 2 S.C.R. 674.) in regard to the generation of factious feelings during elections and their continuance even after the election enabling the parties to produce a large number of witnesses some of whom may be seemingly disinterested, and the view expressed in Rahim Khan v. Khurshid Ahmed and others(19751 S.C.R. 643.) that an election once held should not be treated in a light-hearted manner and the court should insist on clear and cogent testimony compelling it to uphold the corrupt practice alleged against the returned candidate. So also, we have noticed the view expressed in Baburao Ragaji Karem ore and others v. Govind and others([1974] 2 S.C.R. 429.) that the Court should examine the evidence having regard to the fact that where the electorate has chosen their candidate at an election, their choice ought not to be lightly upset. We have also taken notice of the view expressed by Ray C.J. in Smt. Indira Nehru Gandhi v. Raj Narain(A.I.R. 1975 S.C. 299.) that in an election contest it is the public interest, not the parties claims, which is the paramount concern. Mr. Bindra has placed consider " able reliance on these decisions. But, as has been shown, the finding of the High Court regarding the aforesaid corrupt practice is based on clear, cogent and convincing evidence and there is no justification for interfering with it.Mr. Bindra has laid much stress on the fact that the appellant was successful at the election to the U.P. Legislative Assembly from another constituency in 1957, but his election was set aside on the round, inter alia, that he and/or his election agent and/or other persons with his consent, had committed corrupt practice, including the corrupt practice of hiring a tractor for the conveyance of electors. He has argued that in view of this Courts decision against him in Balwan Singh v. Shri Lakshmi Narain and others (supra) he could not possibly have taken the risk of committing another similar corrupt practice at the election in question. The argument is based on mere conjecture and cannot disprove or rebut the clear, cogent and reliable evidence on which the appellant has been held guilty of committing the corrupt practice in this case.Bindra tried to argue further that the High Court committed an illegality in setting aside the appellants election without finding that the result of the election had been materially affected thereby. The argument is misconceived, for it is not the requirement of section 100(1) (b) which has been found to be applicable to the corrupt practice in question, that the High Court should declare the election of the returned candidate to be void only if the result of the election has been materially affected byargument of Mr. Bindra was that the corrupt practice in question should not have been found to have been committed as the election petitioners did not examine themselves during the course of the trial in the High Court. There was however no such obligation on them, and the evidence which the election petitioners were able to produce at the trial could not have been rejected for any such fanciful reason when there was nothing to show that the election petitioners were able to give useful evidence to their personal knowledge but stayed away purposely.