CASE NO.: Appeal (civil) 157 of 1954 PETITIONER: HARI SHANKER PRASAD GUPTA RESPONDENT: SIBBAN LAL SAKSENA DATE OF JUDGMENT: 28/09/1954 BENCH: M.C. MAHAJAN (CJ) & B.K. MUKHERJEA & S.R. DAS & V. BOSE & G. HASAN JUDGMENT:
JUDGMENT
AIR 1956 SC 314
The Judgment was delivered by : BOSE
BOSE J. : The Election Tribunal of Gorakhpur has declared the election of
the appellant Hari Shanker void under S. 100(2) Representation of the
People Act, 1950 (XLIII of 1950) because of major corrupt practices within
the meaning of S. 123(8).
2. The allegation in the petition is that the appellant engaged the
services of a very large number of persons who were serving under the
Government of the State of Uttar Pradesh. The Tribunal has examined each
separate allegation in detail but it will not be necessary for us to do
that as one case will suffice.
Among the many persons said to have been engaged as polling agents and
canvassers is one Mangal Das. He is a Mukhia. The Tribunal holds that he
not only acted as a polling agent but also canvassed. Mr. Chatterji
contended on behalf of the appellant that was not the finding but we are
clear that it is.
3. The Chairman and Shri Sukhdeo Prasad first say
“Ram Chander Prasad has…. stated on oath that he had seen Mangal Das
Mukhia actually canvassing for respondent 1 (appellant here) at
Rajmandi polling station on the polling day.”
Later they say –
” Sri Diryodhan Parsad (P. W. 3) actually saw Mangal Das, … Mukhia of
Jarrar canvassing for respondent 1 during this election period.”
Their conclusion on this part of the case is –
” We hold therefore that Sri Kishen Das & Mangal Das Mukhias .. worked
as polling agents and as canvassers for respondent 1.”
4. Mr. Chatterji relied on an earlier passage which says –
” We therefore come to the conclusion that the petitioner has proved in
this case that Mangal Das Mukhia .. worked as polling agent of
respondent 1.”
and he argued from this that the Tribunal assumed that a polling agent was
also a canvasser. We are clear that that is not correct. In the passage
just quoted the Tribunal were rebutting the argument advanced on behalf of
the appellant that Mangal Das was not even his polling agent. They examine
the evidence about this and hold that he was. They also examined the two
witnesses who said that in addition to this he canvassed and their
conclusion is that he also canvassed.
5. It is proved that Mangal Das was a Mukhia. Girish Chander, the
Registrar, Qannungo Maharajganj, produced the register of Mukhias
maintained in accordance with the provisions of the Land Records Manual. He
proves from the register that Mangal Das was appointed a Mukhia of Jarar on
15-12-1947 and that he still holds office.
6. We were shown extracts from the Rules in accordance with which these
registers are kept. They are Rules framed to accord with S. 45. Criminal P.
C. which requires village headman to be appointed and sets out their
duties. These headmen are appointed by the District Magistrate and can be
dismissed by him. They are known locally as Mukhias but their official
designation in the Rules is village headmen.
7. The Tribunal has examined the meaning of the words “serving under the
Government of any State” used in S. 123(8) at great length. We find it
unnecessary to do so because the explanation enlarges the definition to
include
“a village headman or any other village officer, by whatever name he is
called.”
As it is proved that Mangal Das was a village headman, and in any event a
village officer, he falls within the definition and so the appellant’s
action in permitting him to canvass for him is a major corrupt practice
under S. 123(8) and that entails a declaration under S. 100(2)(b) to the
effect that the appellant’s election is void.
The argument that as Mangal Das was not paid by the State he cannot be in
the service of the State is not sound, for payment is not that test. All
that is required under the definition is that he should be a headman
employed in the State, and that Mangal Das was.
8. No. other point need be discussed. The appeal fails and is dismissed
with costs.
