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Issues Involved:
1. Allegations of corrupt practices at Kalaka polling station. 2. Allegations of corrupt practices at Burthal Jat polling station. 3. Admissibility and reliability of tape-recorded evidence. 4. Standard of proof required in election petitions involving corrupt practices. 5. Whether forcible polling of bogus votes constitutes corrupt practice. Summary: Issue 1: Allegations of Corrupt Practices at Kalaka Polling Station The appellants alleged that the respondent arrived at Kalaka polling station with armed companions, threatened voters and polling staff, forcibly polled votes in his favor, and disrupted the polling process for over an hour. The evidence included testimonies from PWs 7, 8, 12-18, and documentary evidence such as the Presiding Officer's diary (Ex.P-5) and FIR No. 103 of 1982 (Ex.P-6). The respondent denied these allegations and claimed that Congress (I) workers captured the booth. The High Court found the appellants' evidence unreliable and dismissed the allegations. Issue 2: Allegations of Corrupt Practices at Burthal Jat Polling Station The appellants claimed that the respondent instructed his supporters, including Anil Kumar and Satbir Singh, to prevent voters from voting for the Congress (I) candidate. The evidence included testimonies from PWs 6, 7, 10, 26-33, and FIR No. 104 of 1982. The respondent denied these allegations and argued that the incidents were fabricated. The High Court found the appellants' evidence insufficient to prove corrupt practices beyond a reasonable doubt and dismissed the allegations. Issue 3: Admissibility and Reliability of Tape-Recorded Evidence The tape-recorded evidence (Ex.P.W. 7/1) was produced by the Deputy Commissioner (P.W. 7) and included conversations with polling officers and the respondent. The High Court rejected this evidence, citing issues with accuracy, custody, and potential tampering. The Supreme Court agreed that the tape-recorded evidence was inadmissible due to these defects. Issue 4: Standard of Proof Required in Election Petitions Involving Corrupt Practices The Supreme Court reiterated that allegations of corrupt practices in election petitions must be proved beyond reasonable doubt, similar to a criminal charge. The evidence must be direct, cogent, and exclude every hypothesis except that of guilt on the part of the returned candidate. Issue 5: Whether Forcible Polling of Bogus Votes Constitutes Corrupt Practice The Court held that forcible polling of bogus votes constitutes indirect interference with the electoral right of genuine voters, whether they intended to vote or abstain. However, the Court found that the appellants failed to prove their case to the required standard of proof. Conclusion: The Supreme Court affirmed the High Court's judgment, dismissing the appeal and holding that the appellants failed to prove the allegations of corrupt practices beyond reasonable doubt. The appeal was dismissed without any order as to costs.
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