AVTAR SINGH BRAR versus TAJ SINGH & OTHERS

AVTAR SINGH BRAR versus TAJ SINGH & OTHERS

Circulation of posters by Tej Singh, falsely representing that Ruplal had withdrawn and votes for Tej Singh would count as votes for Ruplal, constituted a corrupt practice under S.123(2) of the Representation of the People Act, 1951, particularly as it misled voters and likely altered the election result given the narrow margin of 123 votes.

Parties
Appellant: Avtar Singh Brar; Respondent: Tej Singh; Respondent: Sathi Ruplal; Respondent: Bhagat Puran Singh; Respondent: Jagdish Chander
Jurisdiction
India
Judgment Date
16 January 1984
Procedural Posture
Civil Appeal (nce) No. 735 of 1982 / Appeal From Punjab & Haryana High Court, Election Petition No. 6 of 1980, Judgment Dated 22nd April, 1981
Outcome
Appeal allowed. Judgment of the High Court quashed. Election of Tej Singh set aside.
Legal Topics
Corrupt Practices, Misrepresentation to Voters
Election Law Corrupt Practices Misrepresentation to Voters

Case Brief

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Parties

Avtar Singh Brar

Appellant

Tej Singh

Respondent

Sathi Ruplal

Respondent

Bhagat Puran Singh

Respondent

Jagdish Chander

Respondent

Procedural Posture

Civil Appeal (nce) No. 735 of 1982 / Appeal From Punjab & Haryana High Court, Election Petition No. 6 of 1980, Judgment Dated 22nd April, 1981

Legal Issues

  1. 1 Whether Tej Singh committed corrupt practices under Section 123(2) of the Representation of the People Act, 1951 by circulating misleading posters implying Ruplal’s withdrawal and soliciting votes accordingly.

Ratio Decidendi

Circulation of posters by Tej Singh, falsely representing that Ruplal had withdrawn and votes for Tej Singh would count as votes for Ruplal, constituted a corrupt practice under S.123(2) of the Representation of the People Act, 1951, particularly as it misled voters and likely altered the election result given the narrow margin of 123 votes.

Court Disposition

Appeal allowed. Judgment of the High Court quashed. Election of Tej Singh set aside.

Orders

  • The appeal is allowed.
  • The judgment of the Punjab & Haryana High Court is quashed.