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Shri Umed vs Raj Singh & Ors on 28 August, 1974 cites

Mohd. Yunus Saleem vs Shiv Kumar Shastri And Others on 25 March, 1974

It appears to us that having regard to the history of legislation with regard to the expression "withdrawal of candidature" which was unfortunately not brought to the notice of the court, the law as laid down is not quite correct. One of us (Bhagwati, J) has shown separately how that view is not really sustainable. We are quite aware of the fact that even at the point need not have been decided in the former judgment it need not be decided in this judgment, because on facts we have come to the conclusion that there was no payment to Chatru. But since the view taken in Mohd. Yunus's case is binding on the High courts it has become necessary for us to review that decision. This brings us now to the second series of alleged corrupt practices under section 123(5) of the Act. That relates to the hiring or procuring of a vehicle by a candidate or his agent or by any other person with the consent of the candidate or his election agent for the conveying of voters to or from any polling station free of charge. Out of the several allegations on this score, the learned Judge has accepted as proved allegations which have given rise to Issues Nos. 13(ii) (iii)(iv) and (v). The first two issues relate to two Jeeps alleged to have been used for the purpose, and the last two relate to two trucks. The vehicles concerned are Jeep No. PNN 5021 of which P.W. 26 Rajinder Prasad was the driver. The other Jeep is RSK 669 of which Jagdish Chander, P. N. 27 is the driver.The two trucks involved are HRH 8567 the driver of which was P.W. 24 Jagan Nath and the other truck 932 is HRN 7101 of which P.W. 25 Simran Dass was the driver. We shall deal with the evidence with regard to these vehicles one after another.
Supreme Court of India Cites 8 - Cited by 22 - P K Goswami - Full Document
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