GHASI RAM V. DAL SINGH AND ORS INSC 31; AIR 1968 SC 1191; 1968 SCR 102

Ghasi Ram vs Dal Singh & Others on 7 February 1968

Facts:-

The respondent was elected to the Haryana State Legislative Assembly on February 19, 1967. The appellant filed an election petition on the grounds that the respondent had used discretionary funds from his position as a minister in the state government to bribe the voters in his constituency to vote for him.

The appellant had alleged that prior to the elections the respondent had visited many villages in his constituency to ask for their votes. when the villagers replied by saying that they would not vote for him since he had not done anything for their general upliftment. To this, the respondent gave grants to the gram panchayat to build wells in one village and used his position as a minister to favour a few villagers by providing them with an irrigation system. He also built community centres and provided general repairs.

The high court dismissed the case since the evidence against the candidate did not show bribery.

Issue:-

Did Dal Singh use his ministerial powers to engage in corrupt practices by distributing discretionary funds to influence voters to vote for him in the Haryana state elections in 1967?

Does the allocation of funds to certain villages constitute a misuse of authority with the intent to secure votes, and violate electoral laws?

Holdings:-

The supreme court held that the decision to dismiss the case by the high court oh Haryana was just. The court concluded that there was not sufficient evidence to convict the respondent of bribery.

Rational:-

• The lack of evidence: According to the Court, to prove a case of corrupt practice in the form of bribery, it must be shown that a gift or promise was either directly or indirectly made to an elector to influence his vote. The evidence, in this case, does not strongly indicate that the discretionary grants were conditional inducements for votes.

• The allocation of discretionary funds by Dal Singh was part of a government scheme to address public grievances and promote community development. The Court found no direct link between these allocations and any intent to influence voters, viewing them instead as acts of good governance.

Dullbonline. (2020, October 25). Ghasi Ram v. Dal Singh AIR 1968 SC 1191. One Stop Destination for DU LLB Students. https://dullbonline.wordpress.com/2020/08/18/ghasi-ram-v-dal-singh-air-1968-sc-1191/

"Ghasi Ram v. Dal Singh Case Law." Studocu, Panjab University, https://www.studocu.com/in/document/panjab-university/administrative-law/ghasi-ram-v-dal-singh-case-law/89075422. Accessed 7 Jan. 2025.

Ghasi Ram v. Dal Singh & Others. Indian Kanoon, https://indiankanoon.org/doc/1955162/. Accessed 7 Jan. 2025.