1984 (10) TMI 211 - SC - Indian Laws

Whether the charges of corrupt practice were established? Held that - The High Court clearly overlooked the fact that disturbing the election meeting by itself did not constitute undue influence. For establishing the link between the disturbance of the meeting and the returned candidate the evidence is wholly oral in character and has to be scrutinised with greater rigour. Merely on the statement of some of the witnesses who were essentially Akali Party workers or supporters a charge of corrupt practice could not have been taken as proved. The approach of the learned trial judge to the matter is contrary to law as settled by decisions of this Court relating to corrupt practice and proof thereof. PW.12 was a supporter of the Akali Party as stated by him though he also indicated that he had accompanied the appellant in the course of canvassing for votes to Bagicha Singh s house. A sum total view of the evidence, in our opinion, falls short of the legal requirement for finding corrupt practice. Here again, we are of the view that the High Court went wrong in accepting the case of the election petitioners that the appellant had committed corrupt practice for procuring the votes of Bagicha Singh, members of his family and his friends by getting the over-hanging electric wires removed. After all, if there be any scope for doubt, it must resolve in favour of the appellant who was facing a quasi-criminal charge. The appeal has to succeed. We accordingly reverse the decision of the High Court and uphold the election of the appellant. The finding of the High Court that he was guilty of corrupt practice under ss. 123(1) and (2) stands vacated.

Issues Involved:
1. Allegation of corrupt practice by disturbing an election meeting.
2. Allegation of corrupt practice of bribery involving Bagicha Singh.
3. Standard of proof required for allegations of corrupt practice.
4. Jurisdiction and scope of appellate review in election petitions.

Detailed Analysis:

1. Allegation of Corrupt Practice by Disturbing an Election Meeting:
The election petition alleged that the appellant's supporters disturbed an Akali Party meeting in Village Gandiwind on May 20, 1980, using firearms, resulting in injuries and the death of one individual. The High Court accepted the evidence of the election petitioners and found that the disturbance amounted to a corrupt practice under Section 123(2) of the Representation of the People Act, 1951. However, the Supreme Court noted that disturbing an election meeting is specifically addressed under Section 127 of the Act and constitutes an electoral offense rather than a corrupt practice. The Court emphasized that for an act to be considered a corrupt practice of undue influence, it must directly interfere with the free exercise of electoral rights. The Court found no specific plea or evidence linking the appellant's consent to threats made to voters after the meeting disturbance, and thus, the allegations did not meet the criteria for undue influence under Section 123(2).

2. Allegation of Corrupt Practice of Bribery Involving Bagicha Singh:
The election petition alleged that the appellant promised to get overhanging electric wires removed from Bagicha Singh's house in exchange for votes. The High Court found this to be a corrupt practice under Sections 123(1)(A) and (B). The Supreme Court examined the evidence, including the timeline of events and the deposit receipt for the removal of the wires. The Court found no clear evidence that the appellant or his supporters deposited the required amount for the wire removal. The evidence presented, primarily the testimony of PW.12, was deemed insufficient to establish the charge of bribery beyond a reasonable doubt. The Court reiterated that amelioration of public grievances by a candidate does not automatically constitute bribery unless it transgresses into corrupt practices.

3. Standard of Proof Required for Allegations of Corrupt Practice:
The Supreme Court reaffirmed that allegations of corrupt practice in election petitions are quasi-criminal in nature and must be proved beyond reasonable doubt, similar to criminal charges. The Court rejected the argument that a lower standard of proof, such as the preponderance of probabilities used in civil cases, should apply. The Court cited numerous precedents, including the cases of Mohan Singh v. Bhanwar Lal and Ch. Razik Ram v. Ch. Jaswant Singh Chouhan, to support this stringent standard of proof.

4. Jurisdiction and Scope of Appellate Review in Election Petitions:
The Supreme Court clarified that its jurisdiction in appeals under the Representation of the People Act is as extensive as in any other civil appeal. The Court emphasized that it is not bound by the findings of fact reached by the High Court if there is a grave or palpable error in the appreciation of evidence. The Court cited several cases, including Ramabhai Ashabhai Patel v. Dabhi Ajitkumar Fulsinji and Bhanu Kumar Shastri v. Mohan Lal Sukhadia, to illustrate that it can re-examine evidence and rectify errors to ensure justice.

Conclusion:
The Supreme Court reversed the High Court's decision, finding that the allegations of corrupt practices were not proved beyond reasonable doubt. The Court upheld the appellant's election and vacated the findings of corrupt practice under Sections 123(1) and (2). The appeal was allowed, and parties were directed to bear their own costs.

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