Case: Chhedi Ram Vs. Jhilmit Ram and Others

At the General Election to the Uttar Pradesh Vidhan Sabha held in 1979, Jhilmit Ram was elected from the Jakhsuie Constituency reserved for the Scheduled Castes. He secured 17822 votes, Chhedi Ram, the runner-up secured 17449 votes. Thus the difference between the successful candidate and the candidate who secured the next highest number of votes was 373 votes. There were four other candidates of whom Moti Ram secure d 6710 votes. Chhedi Ram challenged the election of Jhilmit Ram on the ground that Moti Ram was a Kahar by caste, not entitled to seek election from the reserved constituency, that his nomination had been improperly accepted and that the result of the election was materially affected. The Election Tribunal found that Moti Ram was a Kahar by caste and not a member of the Scheduled Castes. It rejected the evidence offered on behalf of Moti Ram that be was a Gond and not a Kahar and recorded a finding that deliberate attempts had been made to manufacture evidence to show that Moti Ram was a Gond. The Tribunal also noticed that Moti Ram himself was not prepared to enter the witness box to give evidence. Having a rived at the finding that Moti Rams nomination had been improperly accepted, however, the Tribunal was not prepared to set aside the election of Jhilmit Ram as it took the view that the result of the election had not been shown to have been materially affected as a result of the improper acceptance of the nomination. The election petition was, therefore, dismissed. Chhedi Ram has preferred this appeal.

Reasoning: We do not think that this case lays down any different principle than what we have already said. On the other hand, the sentence underlined by us indicates that where the difference between the number of votes secured by the successful candidate and the number of votes secured by the highest candidate is marginal, it may be possible in the circumstances of a case to hold that the burden has been discharged. We have already indicated our view that in this case, the burden has certainly been discharged. An attempt was made by the learned counsel for the respondents to dislodge the finding of the Election Tribunal that Moti Ram was a Kahar and not a Gond. But having gone through the relevant evidence, we affirm the finding of the Election Tribunal and agree with the Election Tribunal that a crude attempt was made to fabricate evidence that Moti Ram was a member of the Scheduled Castes2. We are afraid the appeal has to be allowed. Under sec. 100(1)(d) of the Representation of the People A ct, 1951, the election of a returned candidate shall be declared to be void if the High Court is of opinion that the result of the election, in so far as it concerns the returned candidate, has been materially affected by the improper acceptance o f any nominationTrue, the burden of establishing that the result of the election has been materially affected as a result of the improper acceptance of a nomination is on the person impeaching the election. The burden is readily discharged if the nomination which has been improperly accepted was that of the successful candidate himself. On the other hand, the burden is wholly incapable of being discharged if the candidate whose nomination was improperly accepted obtained a less number of votes than the difference between the number of votes secured by the successful candidate and the number of votes secured by the candidate who got the next highest number of votes. In both these situations, the answers are obvious.