RAMJI LAL Vs. RAM BABU MAHRSHWARI

JUDGEMENT

(1.) This is appeal under Section 116-A of the Representation of the People Act (1951) (to be hereinafter referred to as the Act) from the judgment and order of the Delhi High Court dated the 29th March 1968 in Election Petition No. 2 of 1967 on its file. The petition was brought by two electors. It was dismissed by the High Court. As against that order only one of the petitioners has come up in appeal.

(2.) The election petition arose from the election held for a seat to the Delhi Metropolitan Council from the Kalan Masjid constituency. The polling for the said constituency was held on February 19, 1967 and the result of the election was declared on February 22, 1967. In that constituency three persons contested; one Rajesh Sharma was the Congress nominee, the respondent Ram Babu Maheshwari was the Jan Sangh candidate and Z. P. Abbas was the Republican candidate. The respondent secured 7490 votes, Rajesh Sharma 5277 votes and Abbas 3203.

(3.) The defeated candidates have not come forward to challenge the validity of the election. On the other hand two electors from the constituency in question have challenged the election of the respondent primarily on two grounds. Those grounds are; that the returned candidate or his agents with his consent had distributed calendars like Annexure 'A' which amounted to a contravention of Section 123 (2) and (3) of the Act inasmuch as it was an exercise of an undue influence over the Muslim voters and further it amounted to an appeal to Muslim Voters for votes on the basis of a religious symbol. So far as the contravention of Section 123 (2) namely exercise of undue influence is concerned it was not pressed before the trial court nor in this Court. Therefore we shall not consider that part of the case. The second ground urged against the respondent's election was that he or/and his agents or/and other persons with his consent published leaflets similar to Annexure 'C' containing statements of fact which are false and which were either believed to be false or were not believed to be true in relation to the personal character and conduct of Rajesh Sharma.