BABULAL Vs. SAJJAN SINCH A ND ANOTHER

JUDGEMENT

(1.) At the general elections held in February, 1967, babu Lal Rathor appellant in this appeal was declared elected as a member of the Madhya Pradesh Legislative Assembly from the Sanwer Scheduled Castes Constituency. His election was challenged by Sajjan Singh (a defeated candidate) in a petition filed in the High court of Madhya Pradesh on several pleas including the plea that two of the agents of Babu Lal named Moti Lal and Hazari Lal had at. about mid-day on 20/02/1967. made a statement relating to the conduct of Sajjan Singh which they knew to be false, viz. that Sajjan Singh had killed one Prerndas a worker for the Jan Sangh party and had asked their men to circulate that message in other villages with a view to dissuade the voter. , from exercising their vote in favour of Sajjan Singh and that the rumour was started at the instance of and with the approval of Babu Lal ; that thereby Babu Lal had published or his agents or oilier persons with his consent had published, a statement of fact which was false or which they believed to be false and did not believe to be true relating to the personal character and conduct of Sajjan Singh which was reasonably calculated to prejudice the prospects at the election and had thereby committed a corrupt practice described in Section 123 (4) of the representation of People Act, 1951. The details of the other pleas on which the election petition was filed need not be set out, because they were found not established by the High court and no argument had been advanced before us relying upon those pleas.

(2.) The High court of Madhya Pradesh held that Motilal and Hazarilal were workers of the Jan Sangh party and that they in conspiracy with Babu Lal set afloat a rumour at about mid-day on 20/02/1967, at. Sanwer that respondent Sajjan Singh had knocked down Prerndas with his jeep and had "finished him off by throwing a stone" and that they committed by setting afloat a "baseless rumour" a corrupt practice described in Section 123 (4) and the election of the appellant Babu Lal must he set aside on that ground. Babu lal has appealed to this court,

(3.) 20/02/1967, Was the date of polling for votes for the election. The town of Sanwer consists of two areas separated by a stream: one area is known as Sanwer and the other as Keshripura. There was a polling station in each of the areas. Sajjan Singh averred in his election petition that he was informed at about mid-day on 20/02/1967, that Moti Lal and Hazari Lal, who were workers of the Jan Sangh party which had sponsored the appellant's election, were shouting in the town that "vishnarji (respondent) , had dashed his car on premdas Baba of Keshripura. Some life was still left and Vishnar finished him off by throwing a stone" and that Moti Lal and Hazari Lal told their men "go to all villages. Spread the news of this murder by Vishnar and ask people not to vote for the murderer". It was the case of Babu Lal that Moti Lal and Hazari lal had not. published the statement attributed to them, and that the statement a proved was not made by his agents or with his consent.