# 41 (i SHIV CHARAN SINGH v. MAHARAJ KUMAR SRI BRIJENDRA PAL

- **Citation:** [1976] 1 S.C.R. 416
- **Court:** Supreme Court of India
- **Decided:** 1975-08-26
- **Case number:** Civil Appeal No. 767 of 1973
- **Bench:** ff R. KHANNA, V. R. Krishna !Yer, A. C. Gupta
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/41-i-shiv-charan-singh-v-maharaj-kumar-sri-brijendra-pal-6615
- **Pages:** 7

## Headnote

Election LawFindlng of fact recorded by High Court-Suprenzc Court, if
can interfere with appraisc1ne11t of evidence.
Representation of the People Act, 1951, s.77-Election expenses-Failure of
s11coessful candidate to n1aintain account in prescribed 1nan11er, if constitlltcJ
L'Otrupt practice.
The appellant and the respondent were the main candidates in the election
A
B
to the Rajasthan Legislative Assembly fron1 the Karauli constituency. The
C
result of the election was declared on March 12, 1972 and the respondent \Vas
declared elected. The· appellant challenged the election of the respondent on
the ground that the· respondent and his election agent Jagdish Pal published
and got published statements of fact in relation! to the pers_onal character and
conduct of the appellant which were false and which they believed to be false
or did not believe to be true and which statements were reasonably calculated
to prejudice the prospects of the appellant's election. The second ground on
which the election of the respondent was assailed was that the I'espondent and
his election agent deliberately failed to maintain regular and ..:orrect account
D
of expenses incun'ed by them. in connection with the election and that they
incurred or authorised expenditure in contravention of s.77 of the Representatation of the People Act, 1951. The petition was resis.ted by the respondent
.and he denied the variOus allegations made by the appellant.
Five issues were
framed on the basis of the pleadings before the High Court Issues ( 1) and (2)
were decided against the appellant. These issues related to the first ground.
In
view of the findings on these issues, issue (3) was held not to arise. Issues
(4) and (5) relating to expenses were also decided against the appellant. As
a result. the election petition was dismissed. This appeal has been pref'erred
E
by the appellant against the judgment of the High Court dismissing his election
petition.
Dismissing the appeal,
HELD: (i) It is well established that in an election appeal Supreme Court
should not interfere with a finding of fact recorded by the High Court based
upon the appraisement of evidence unless such finding is vitiated by some glaring
infirmity.
[420FJ
F
(ii) Even if the account of election expenses was not maintained in the prescribed manner, that fact would not constitute: a corrupt practice.
[4190]
(iii) The High Court has corisidered the evidence brought on record <ind
bas held on apprai&ement of that evidence that there was no cogent material to
show that the respondent had incurred any expenditure over and above what
had been shown in his return. No cogent ground whatsoever has been malle
out to f11terfere with the appraisemknt of the evidence by the High Court.
[-ll 9H-420A]
(iv) The correctness of the figure of Rs. 3,523.27 as expenses incurred
for the purchase of petrol is vouch-safed bv the statement of account filoed by
Karauli Auto Stores. a family concern of the respondent.
Nothing has been
shown as to why the statement of account filed by that concern cannot be
accepted.
During the pendcncy of the trial on application filed by the appellant.
the High Court directed that the ac~ount books maintained by the ~espondent as
\\'e1l as the cash book and the credit and cash vouchers of Karauh t-\Uto S.to1es
might be shown to the appellant'~ counsel.
Tn spite of that order the appelJant or his counsel did not examine those account books and documents. Nothin'.:'.
was consequently brought on record to question the correctness of the entries
in the account books. [ 420B-C]
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SHIV CHARAN v. BRIJENDRA PAL (Khanna, J.)
417
(v) The High c·uurt declined to accept the oral evidence adduced by the
appellant in support of his plea that the account does not .:orrectly show 'the
expenses regarding certain number of vehicles engaged by him.
The evideuce
adduced by the appellant was not only not supported by any dol'.un1ents, it ran
..:ounter to the documents which

## Text

41 (i
SHIV CHARAN SINGH
V.
MAHARAJ KUMAR SRI BRIJENDRA PAL
August 26, 1975
[ff R. KHANNA, V. R. KRISHNA !YER AND A. C. GUPTA, JJ.]
Election LawFindlng of fact recorded by High Court-Suprenzc Court, if
can interfere with appraisc1ne11t of evidence.
Representation of the People Act, 1951, s.77-Election expenses-Failure of
s11coessful candidate to n1aintain account in prescribed 1nan11er, if constitlltcJ
L'Otrupt practice.
The appellant and the respondent were the main candidates in the election
A
B
to the Rajasthan Legislative Assembly fron1 the Karauli constituency. The
C
result of the election was declared on March 12, 1972 and the respondent \Vas
declared elected. The· appellant challenged the election of the respondent on
the ground that the· respondent and his election agent Jagdish Pal published
and got published statements of fact in relation! to the pers_onal character and
conduct of the appellant which were false and which they believed to be false
or did not believe to be true and which statements were reasonably calculated
to prejudice the prospects of the appellant's election. The second ground on
which the election of the respondent was assailed was that the I'espondent and
his election agent deliberately failed to maintain regular and ..:orrect account
D
of expenses incun'ed by them. in connection with the election and that they
incurred or authorised expenditure in contravention of s.77 of the Representatation of the People Act, 1951. The petition was resis.ted by the respondent
.and he denied the variOus allegations made by the appellant.
Five issues were
framed on the basis of the pleadings before the High Court Issues ( 1) and (2)
were decided against the appellant. These issues related to the first ground.
In
view of the findings on these issues, issue (3) was held not to arise. Issues
(4) and (5) relating to expenses were also decided against the appellant. As
a result. the election petition was dismissed. This appeal has been pref'erred
E
by the appellant against the judgment of the High Court dismissing his election
petition.
Dismissing the appeal,
HELD: (i) It is well established that in an election appeal Supreme Court
should not interfere with a finding of fact recorded by the High Court based
upon the appraisement of evidence unless such finding is vitiated by some glaring
infirmity.
[420FJ
F
(ii) Even if the account of election expenses was not maintained in the prescribed manner, that fact would not constitute: a corrupt practice.
[4190]
(iii) The High Court has corisidered the evidence brought on record <ind
bas held on apprai&ement of that evidence that there was no cogent material to
show that the respondent had incurred any expenditure over and above what
had been shown in his return. No cogent ground whatsoever has been malle
out to f11terfere with the appraisemknt of the evidence by the High Court.
[-ll 9H-420A]
(iv) The correctness of the figure of Rs. 3,523.27 as expenses incurred
for the purchase of petrol is vouch-safed bv the statement of account filoed by
Karauli Auto Stores. a family concern of the respondent.
Nothing has been
shown as to why the statement of account filed by that concern cannot be
accepted.
During the pendcncy of the trial on application filed by the appellant.
the High Court directed that the ac~ount books maintained by the ~espondent as
\\'e1l as the cash book and the credit and cash vouchers of Karauh t-\Uto S.to1es
might be shown to the appellant'~ counsel.
Tn spite of that order the appelJant or his counsel did not examine those account books and documents. Nothin'.:'.
was consequently brought on record to question the correctness of the entries
in the account books. [ 420B-C]
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•
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c
SHIV CHARAN v. BRIJENDRA PAL (Khanna, J.)
417
(v) The High c·uurt declined to accept the oral evidence adduced by the
appellant in support of his plea that the account does not .:orrectly show 'the
expenses regarding certain number of vehicles engaged by him.
The evideuce
adduced by the appellant was not only not supported by any dol'.un1ents, it ran
..:ounter to the documents which were· produced by the respondent and some of
which had been signed by the witnesses produced by the appellant.
[420EFJ
t vi) The plea of the respondent that he was charged only Rs. 35 / - as daily
hiring charge for the truck because he prevented the requisitioning of those
trucks by making a representation that they \\'ere needed for his election compaign, has been accepted by the High Court as plausible. There is nothing
cogent made out as to why a contrary view should be taken.
[4-201-[]
(Yii) So far as the impugned issues of Hindi daily Kronch and pamphleL
Ex.2 are concerned, there is no cogent evidence to show on the record that
Radhey Shyarn Sharma published tho.se issues and the pamphlt:t at the in5tance
of or with the consent of the respondent or his election agent.
It is indeed
evident from the issue of Kronch dated October 15, 1970 that Radhey Shyam
Sharma was hostile to the app'ellant and had been criticising him since 1970,
about 14 months before the election. There is, therefore, nothing to rule out the
possibility that Radbey · Shyam Sharma published the impugned issues and
pamphlet at his own ttnct' without the consent of tne respondent or .his ~rection
agent. [421ABl
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 767 of 1973.
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From the Judgment and Order dated the 9th March, 1973 of the
Rajasthan High Court at Jodhpur in Election Petition No. 10 of 1972.
D. P. Singh, Subhagm<ll Jain and R. K. Jain, for the Appellant.
A. K. Sen, Yogeshwar Prasad, S. K. Bagga, Mrs. S. Bagga
and
,"vJiss Yash Bagga, for the Respondent.
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The Judgment of the Court was cfelivered by
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KHANNA, J.-This is an appeal by Shiv Charan Singh againi;t the
judgment of the Rajasthan High Court whereby election petition filed
by the appellant to question the election of Brijendra Pal respondent
from the Karauli constituency to the Rajasthan Assembly was dismissed.
The appellant and the respondent were the main candidates in the
election to the Rajasthan Legislative Assembly from the Karauli constituency. The result of the election was declared on March 12, 1972
and the respondent was declared elected.
The appellant challenged
the election of the respondent on the ground that the respondent and
his election ag~nt Jagdish Pal published and got published statements
of fact ~n relation to the pers~nal character and conduct of the appellant which were false and which they believed to be false or did not
beHev~ to be true and which statements were reasonably calculated to
preiud~ce the pros~ects of the appeUant's election. The second ground
on which the election of the respondent was assailed was that the respondent and his election agent d~liberatelv failed to maintain regular
and correct account of expenses mcurred by them in connection with
the ele~tion and .that they incurred or authorised expenditure in contravention of section 77 of the Representation of the People Act, 1951.
As r~gards the first ground, it was stated that the resnondent and his
election agent got published news item Ex. 1 in "Kronch" a Hindi
'
418
SUPREME COURT REPORTS
[1976] 1 S.C.R.
weekly dated February 25, 1972 published and printed in _Jaipur.
Radhey Shyam Shanna was the editor of that weekly. The aforesaid news
item was stated to contain false defamatory statements of fact in relation to the personal character and conduct of the appellant. lt was
added that the respondent and his election agent and Radhey Shy~m
Sharma believed those statements, which were calculated to pre1udice
the prospects of the appellant's election, to be false and did not believe
them to be true.
Radhey Shyam Sharma was also stated to have
addressed an election meeting of the respondent on February 27, 1972
at Chogan in Karauli city and read out news item Ex. l.
Co~ies of
the aforesaid issue of Kronch were also stated to have been d1stnbuted
in that meeting in the presetl)CC of the respondent and his election
agent. According further to the appellant, Radhey Shyam Sharma got
published pamphlet Ex. 2 printed at the instance of and with the
consent of the respondent and his election agent. This pamphlet was
also as objectionable as news item Ex. I. The pamphlet was stated
to have been distributed by the respondent, his election agent Cind
Radhey Shyam Sharma at an election meeting at Bhudara on March
2, 1972. Radhey Shyam Sharma was further aUcged to have published
another issue Ex. 3 of Kronch containing defama•ory statements of
fact against the appe]]ant.
These statements were also stated to be
objectionable in the same manner as those contained in news item
Ex. I. As regards the electio~ expenses, it was stated, the respondent
had not shown the expenses actually incurred by him in the matter
of hiring of vehicles, purchase of petrol, arrangement of a procession
and employment and entertainment of his workers.
The respondent.
it was claimed, had incurred an expense to the extent of at least
Rs. 35,000 over and above the amount shown by him in the return
of election expenses.
The petition was resisted by the respondent and he denied the
various allegations made by the appellant.
According to the respondent, Radhey Shyam Sharma was hostile to the appeUant and had as
long ago as October JS, 1970 bitterly criticised the activities of the
appelJant in an issue of Kronch.
The respondent denied that he had
anything to do with the publication by Radhey Shyam Sharma of the
different issues of Kronch and pamphlet Ex. 2. It was also denied
that the issues of Kronch or the pamphlet in question were distributed
in the meetings of the respondent.
The allegation that the issues of
Kronch and the pamphlet in question. contained statements of fact
which were false and which the respondent believed to be false or did
not believe to be true and that those statements were calculated to
prejudice the prospect< of the appellant's election was likewise denied.
A<:cording to the respondent, the allegations contained in the impugn.cd issues of Kronch and the pamphlet had earlier been made in
some o•her papers and on the floor of the Rajasthan Legislative Assembly.
They had also been made by one Babula! Sharma, Convenor
of Yuvak Congress Manda!. Karauli.
As regards the election expenses, the respondent stated that he had maintained a proper anil
correct statement of account and had not incurred any expenditure
over and above the amount of Rs. 8,665.69 shown in his return.
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SHIV CHARAN v. BR!JENDRA PAL (Khanna, J.)
in the election petition ?
·'). Did the
respondent and his
e:ection
.agent Mr.
Jagdish Pal publish the statement of fact m r~l.at10n
to the personal character or conduct of the petltione~
as alleged in paragraphs 14, 16, 18, 19 and 20 of
the petition ?
2. Was Mr. Radhcy Shyam Sharma engaged by the re.spondent to carry on his propaganda and was he m
charge of the respondent's publicity and did he publish the news item in 'Kronch' and read them out and
the petition ?
distribute the news items and the pamphlet as stated
3. (a)
(b)
Were the statements referred to in issue No. 1
false, and did the respondent or his elec!ion
agent or Mr. Radhey Shyam Sharma
believe
them to be false. or did not believe them to be
true ?
Were those statements reasonably calculated to
prejudice the prospects of the petitioner's election ?
4. Have the respondent and his election agent deliberately failed to maintain a regular and correct return of
the expenses incurred by them in. connection with the
election of the respondent ?
5. Have the respondent and his election agent incurred
or authorised expenditure in contravention of section
77 of the Representation of the People Act, 1951, as
alleged in the election petition ?"
419
Issues ( 1) and (2) were decided against the appellant.
In view of
the findings on issue Nos. 1 and 2, issue No. 3 was held not to arise.
All the same the High Court went into the matter a,nd held that
neither the respondent or his -election agent nor
Radhey Sh yam
Sharma had reason to believe the impugned statements published in
Kronch and the pamphlet in question to be false and nlot to be true.
Issues (4) and (5) too were decided against the appellant.
In the
result the election petition was dismissed.
At the hearing of the appeal Mr. D. P. Singh on behalf of the
appellant has assailed the findings of the High Court on the different
issues.
As regards the election expenses, it has been
conceded by
Mr. Singh that even if they were not maintained in the prescribed
manner, that fact would not constitute a corrupt practice. According
however to the learned counsel, that fact taken with other evidence
!11ight justify a conclusion! that the respondent had suppressed some
items of expenditure. So far as this question is concerned we find
that the High Court has considered the evidence brought
o~ record
420
SUPREME COURT REPORTS
[1976] 1 S.C.R.
and has held on appraiscment of that
evidence that there was no
cogent material to show that the respondent had incurred any expenditure over and above what had been shown in his return. After having
been taken through the material on record, we find no cogent grouml
whatsoever to interfere with the appraisement of the evidence by the
High Court. Reference was made to the expenses for the purchase of
petrol. According to return Ex. 6 filed by the respondent, he spent
Rs. 3,253.27 on petrol.
The
correctness of that
above figure is
vouch·safed by the statement of accounts filed by Karauli Auto" Stores.
The petrol pump which supplied petrol for the respondent belonged
to that coricern.
Although the said concern was a family concern of
the respondent, nothing has been brought to our notice as to why
the statement of account filed by that concern be not accepted. Durrng th? pendency _of the trial on application: filed by the appellant,
the High Court directed that the account books maintained by the
respondent as well as the account books, cash book and the credit
and, cash vouchers of Karauli Auto Stores might be shown to the appellants cou:isel. In spite of that order the appellant or his counsel did
not cxamme those account books and documents.
Nothing was con·
~eguently brought on record to question the correctness of the entries
m the account books.
Jt has also been urged that the appellant engaged certain vehicles
for a number of days but the expenses incurred on that account were
not correctly shown.
As against that, the case of the respondent is
that only those vehicles were hired by him which were shown in the
documents filed by him.
According further to him.. the number. of
days for which those vehicles were hired was also correctly shown.
The appellant produced oral evidence of a couple of witnesses in
support of the stand taken by him.
The High Court declined to
accept that evidence.
After hearing the learned counsel for the appellant, we are not inclined to take a contrary
view.
The evidence
addoced by the appellant was not only not supported by any documents it ran counter to the documents which were produced by the
respoildent and some of which had been signed by the witnesses produced by the appellant. It is well established that in an e:ection appeal
this Court should not interfere with a finding of fact recorded by the
High Court based upon the
appraisement of evidence
unless such
finding is vitiated by some glaring infirmity.
No such infumitv has
been brought to our notice.
\Ir. Singh has then submitted that the d.aily. hiring charges of a
truck was about Rs. 100 but the respondent m his return showed the
daily hiring charge for the truck to be Rs. 35. The.case ?f th7 respondent
in that respect is that he was charged Rs. 35 as daily h1rmg charge
because he prevented the requisitioning ·of. those .trucks bv .makmg _a
representation that they were needed for h1> elcctwn campaign. Evidence was also produced in support of the above stand of the respondent. The High Court found the above explanation of the re~pondent
to b, nlansiblc. Nothing cogent has been brouoht to our notice. a.s to
why we should take a contrary view. The fact that there are suspicious
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SHIV CHARA'1 v. BRlJENDRA PAL (Khanna, !.)
42!
fca'ures in the respondent's case about his election expenses would'
not justify interference with the finding of the High Court because
suspi.cion cannot take the place of proof.
Coming to the question of the impuglled issues of Kronch and
pamphlet Ex. 2, we find that there is no cogent evidence on the record
to show that Radhey Shyam Sharma published those issues and the
pamphlet at the instance of or with the consent of the respondent or
his elec:ion agent. It is inldeed evident from the issue of Kronch dated
October 15, 1970 that Radhey Shyam Sharma was·hostile to the appellant and had been criticising him since 1970, about 14 months before
the election.
There is, therefore, nothing to rule out the possibility,
as stated by the respondent, that Radhey Shyarri Sharma published
the impugned issues and pamphlet at his own and without the consent
of the respondent or his election agent.
The allegation that the impugned issues of Kronch and the pamphlet were distributed in the. ejection meetings of the
respondent
remains unsubstantiated.
The appellant got produced reports Ex. 15
and 16 of the two election meetings of the respondent held on February 27, 1972 and March 2, l972.
According to these
reports,
RaJhey Shyam journalist addressed those meetings and asked those
present to vote for the respondent.
There is no mention in these
reports of Radhey Shyam having said ai;ything against the appellant.
There is also no reference to the distribution of any
pamphlets or
issues of Kronch in those meetings.
Our attention has been invited
by the learned counsel for the appellant to the statement of
Nurul
HC!sa11 constable (PW 4), according to whom some documents were
distributed in a meeting held on March 2, 1972. The witness added
thot he did not know as to what were the contents of those documents
because he saw the whole thing from a distance.
The evidence of
Nurul Has:m, in our opinion, is too slender a basis for recording a
finding that the impugned pamphlet and issues of Kronch were dis'ribu:cd in the meeting of the respondent. It is in the evidence of Sublnspector Bhopal Ram (PW 18) that if any newspaper is distributed
in an election meeting and a copy of it becomes easily availabfo to
the constable present in that meeting, he sends it along with his report.
The witness also produced some pamphlets which were distributed in
an election meetirig against the respondent. If as is the case of the
appdla~t, the. impugned. issues of Kronch and pamphlet in question
:vere widely distnbute\l m the election meetings of the respondent, it
is not clear as to why the policeman on dutv in those meetings could"
not secure even one copy of those issues or namphlets. The fact that
no suc:h copy was sent with any of the police reports shows that the
allegation of the appellant in this respect is not well-founded.
422
SUPREJ\1E COL.RT REPORTS
[1976] 1 S.C.R.
In view of our findiqg that it is not proved that Radhcy Shyam
·got published the impugned issues of Kronch and pamphlet at the
instance of or \Vith the consent of the respondent or his e'cction agent
and in view of our further finding that it is not proved that the copies
·of the impugned issues of Kronch or pamphlet were distributed in the
election 1neetings of the respondent) \VC need not go into the quc:stion
as lo whether the finding of the High Court on issuo No. 4 is correct
·or not.
We consequently neither affirm nor disaffirm the findine of
fact or law under this issue.
The aopcal fJils and is dismissed but in the circumstances without
·COStS.
V.M.K.
Appeal dis mi 1sed.
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