Case: Shri Bam Development Vs. Smt. Sarla Prashar and Another

2. In Paragraph 4 of the election petition it was alleged by the first respondent that Bam Dev had persuaded Munshi Ram to stand as a candidate at the "lastm elections" and had persuaded him not to withdraw from the contest and in consideration thereof he had offered to Munshi Ram an amount of Rs. 3, 000/and had undertaken to bear all the election expenses aggregating to Rs. 3,. The details of the amounts alleged to have been spent or paid by Bam Dev on behalf of Munshi Ram were as follows(a) a sum of Rs. 150/paid by Bam Dev to enable Munshi Ram to deposit security at the time of filing of the nomination paper;(b) a sum of Rs. 3,, paid by Bam Dev on January 12, 1969, in the house of Munshi Ram at Nangal;(c) a sum of Rs. 400/paid by Bam Dev to a tonga owner on February 8, 1969, whose tonga was used for the purpose of carrying on election propaganda for Munshi Ram;(d) a sum of Rs. 1, 100/out of which only a part was paid to the owner of the loudspeaker for getting the same fitted to the tonga hired by Munshi Ram from January 20 to February 7, 1969;(e) a sum of Rs. 125/paid by Bam Dev to Kapila Printing Press on January 31, 1969, for getting posters printed for Munshi RamThe High Court was of the view that the evidence led by the first respondent in respect of items (a) and (b) was "absolutely worthless" and counsel for the first respondent did not press that case before us. But in the view of the High Court it was proved that Bam Dev paid Rs. 400/to Ram Sarup, owner of a tonga employed by Munshi Ram for his election campaign, and Rs. 700/to Hazura Singh for fitting a loudspeaker to the tonga used by Munshi Ram. Payment, according to the High Court, was made through the Jan Sangh Party which had sponsored the appellant Bam Dev as its candidate, and since the expenditure incurred by the Jan Sangh Party was incurred by Bam Dev by making payments to Ram Sarup and Hazura Singh he committed a corrupt practice within the meaning of Section 123(1) of the Act. The High Court also held that it was established that a sum of Rs. 18/was paid on January 31, 1969, by Bam Dev to the printer who printed a pamphlet in support of the election campaign of Munshi Ram and was included in Bam Devs account of election expenses. The High Court held that Bam Dev, in discharging this liability of Munshi Ram, was guilty of a corrupt practice described in Section 123(4) of the Representation of the People Act, 1951.

Reasoning: 3. In our view the judgment of the High Court cannot be sustained. Ram Sarup deposited that his tonga was engaged by Munshi Ram for his election campaign; that he (Ram Sarup) used to "take the hire from the office of Bam Dev"; that the money was received from the President of Jan Sangh and "at that time Bam Dev was standing". This evidence does not support the case that the payment was made by Bam Dev "through the Jan Sangh". Munshi Ram was a candidate at the election. The testimony of witness Ram Sarup only establishes that payment for the tonga engaged by Munshi Ram was made by the President of the Jan Sangh Party.Mr. Hardev Singh on behalf of the first respondent contended that the Jan Sangh Party had no funds and Bam Dev alone was the financier of the Jan Sangh Party.On this part of the case our attention has not been invited to any evidence4. The testimony of Hazura Singh also is infirm. The witness stated that his "loudspeakers" were used by the Jan Sangh Party in them poll, and "a loudspeaker" was fitted to the tonga of Ram Sarup and the hire charge for the "loudspeaker" was paid by the Jan Sangh Party. He claimed that he had received as hire an amount of Rs. 1, 450/which was paid by the President of the Jan Sangh Party. The witness admitted that he maintained no accounts, and that he had no conversation with Bam Dev in regard to the payment. The testimony of the witness is unreliable and there is nothing to connect the alleged payment by the President of the Jan Sangh Party with Bam DevThe witness was not sought to be treated as hostile and his testimony completely destroyed the case of the first respondentThe oral testimony and the contents of the receipt Ex. P.W. 6/3 clearly established that the bill related to a pamphlet published by Munshi Ram and not by Bam Dev9. Bam Dev had, however, included an amount of Rs. 18/paid on January 31, 1969, to the Kapila Printing Press and this apparently related to Ex. P.W. 6/3. Bam Dev explained that there was a mistake committed by his accountant an including that amount in his election expenses. He asserted that he had not paid that amount. Bam Dev claimed that all the accounts were maintained by his election agent. We do not think that merely from the inclusion of the amount of Rs. 18/paid to the Kapila Printing Press on January 31, 1969, in the account filed under Section 72 of the Representation of People Act of his election expenses, it must follow that Bam Dev had entered into an arrangement with Munshi Ram under which the latter agreed not to withdraw his candidature on promise or payment of a bribe. To make out a case under Section 123(1) of payment of a bribe or promised gratification to Munshi Ram with the object directly or indirectly of inducing Munshi Ram not to withdraw from being a candidate at the election, the oral evidence with regard to the payment of Rs. 18/negative the plea. The case of Bam Dev that it was due to some mistake of his accountant that the voucher Ex. P.W. 6/3 was included in the election expenses is not improbable. Again there is no evidence to prove that payment was made with the object of directly inducing Munshi Ram to withdraw his candidature from the election10. The High Court observed that the following seven circumstances support the conclusion that there was such an arrangement. They are(i) that Bam Dev was a candidate of the Jan Sangh Party;(ii) that the election office of Bam Dev and the Jan Sangh Party office were in the same building at Nangal;(iii) that out of the total number of vouchers, i.e., 156, filed with the return of the election expenses, 45 are drawn in the name of the Jan Sangh Party and that Bam Dev has admitted that the payment regarding these vouchers was made by him;(iv) that payment of Hazura Singh, P.W. 9 was made by the Jan Sangh Party;(v) that Bam Dev has not disclaimed that the Jan Sangh Party was actively helping him;(vi) that no money was paid to the workers by the Jan Sangh Party but the workers had money and they paid the price of petrol used in connection with election work of Bam Dev; and(vii) that though Bam Dev maintained accounts regarding his election expenses, he has not produced the same and also has not produced hise who kept those accounts. No accounts was maintained by the Jan Sangh PartyThese circumstances taken separately or collectively do not prove that Bam Dev had entered into a bargain with Munshi Ram by giving him any gift or offer to pay him any gratification in consideration of the latter agreeing not to withdraw his candidature from the election.