S. HARCHARAN SINGH versus S. SAJJAN SINGH AND ORS.

Citation: [1985] 2 S.C.R. 159 · Decided: 29-11-1984 · Supreme Court of India · Bench: S. MURTAZA FAZAL ALI · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

.. 
• "i • 
• 
S. HARCHARAN SINGH 
v. 
S. SAJJAN SINGH AND ORS. 
November 29, 1984. 
[S. MURTAZA FAZAL ALI, A. VARADARAJAN AND SABYASACHI 
MUKHARJI JJ.] 
159 
R•presentation of the People Act (43 of 1951). s. 123 (3) (as amtnded by 
Act 40of1961)-Ejfect of amendment-Ev<n a single appeal on ground of rt/I· 
gion, etc. amounts to a cerrupt practice. 
Representation of the People Act. 1951, s. 123 (2), (3) and (3A)-Scop. 
and object of-Object of amendment-Duty of Court-Appeal to religion-Test 
A 
B 
c 
Substance and total effect of statement to be considered. 
D 
Hukamnama-What is-Test for determination thertof-Shri Akal Takth 
importance in Sikh community-Communications from Akal Takht in any form 
whatsoever-Whether Hukamnama-Effect thereof on the members of Sikh 
community-Writing in Party papers and sp,echts made by prominent /eackrs 
of the Party at election meeti_ngs to the same effect-No express denial 01 ex-
planation by the maker-Whether inference can be drawn that the a/legation 
1tands proved. 
Representation of the Ptople Act, 1951, s. 123 (3)-Appea/ on ground of 
religion-Evidence mo1tly oral-Duty of Court-Standard of proof required and 
Test to be applied to determine corrupt practice. 
Representation of the Pecp/e Act, 1951, s.123 (3)-Constituency, a mixed 
one-Hindu votes and Sikh votes practically divided equal/y-Akali Party, to 
which the returned candidate belonged to, in alliance with CPI (M}--Whether 
appeal on ground of religion probable-Whether probabilities of such a campaign 
can outweigh direct evidence if acceptable by Court. 
Practice and Procedure-Source to be disclosed for a proper verification of 
an affidavit or a petition based on certain information. 
The expression "systematic" has been deleted from sub-section (3) of 
section 123 of the Representation of the People Act 195! by the Amending Act 
40 of 1961 w.e f, September 12, 1964. Consequently, even a s/nga/ appeal 
by a candidate or bis agent or by any other person with the consent of the 
candidate or his election agint to vote or refrain from voting for any ptrson on 
the ground of his religion, race, caste, community or language etc. would be a 
corrupt practice. 
E 
F 
G 
H 
A 
B 
c 
160 
SUPREME COURT REPORTS 
[1985] 2 s.c.R. 
The appellant challenged the election of respondent No. 3 to the Punjab 
Legislative Assembly oa the allegations of corrupt practice. It was contended 
that section 123 (3) of the Representation of the People Act had been violated 
for three reasons, namely, (a) Sponsorship of respondent No. 3 and distribution 
of electio11 ticket to him for the Assembly elections by the Akal Takht, "the 
supreme religious authority of the Sikhs", (b) Issue of Hukamnama (Ex.p-4) 
by the Jathedar of the Akal Takht in the matter of Assembly elections having 
regard to the circumstances in which it was issued, indicated that the approval 
of the Akal Takht was obtained in order to give this decision a colour of 
religious authority, and (c) Appeal to the voters at election meetings by referring 
to the Hukamnama, to the writings in the Akali Times and ex borting them to 
vote for respondent No. 3 by applying to the religious sentiments and warning 
them of the consequences of not doing so. It was further alleged that an ex· 
Chief Minister of the State as well as the respondent No. 3 himself had repre-
sented to the voters at different election meetings that respondent No. 3 had 
been sponsored by the Akal Takht. 
D 
Respondent No. 3 denied the aforesaid allegations and contended that 
E 
F 
G 
H 
tho alleged Hukamnamas were not Hukamnamas of Akal Takht. 
The High Court held that Akal Takht was a symbol of political and 
religious powers and the documents alleged to be the Hukamnamas were 004 
in fact, Hukamnamas of Akal Takht, but contained decision of the leaders of 
the Akali Party written on the letter-head of the Akal Takht aad announced 
by a Jathedar, and the appellant had not succeeded in proving the charges of 
corrupt practice. The election petition was accordingly dismissed. 
The contentions raised in the High Court were reiterated by the appellant 
before this Court. In addition, it was contended (i) The documents shown at 
the meetings were Hukamnamas and having regard to the background it cannot 
be said that it did not have the effect of a Hukamnama on the community at 
large of inducing them to believe that ignorning the claim of the" candidate 
nominated by Shri Akal Takht and represented to be supported by 

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