DEV KANTA BAROOAH Vs. GOLOK CHANDRA BARUAH

JUDGEMENT

(1.) The appellant, Dev Kanta Barooah, was declared elected at the last General Elections to the Legislative Assembly of Assam in 1967, defeating the four rival candidates who are respondents 1 to 4 in this appeal. Respondent No. 1, Golok Chandra Baruah, filed an election petition challenging the election of the appellant on various grounds, including a charge that false statements as to the personal character of respondent No. 1 had been published with the consent of the appellant, thus constituting a corrupt practice under Section 123 (4) of the Representation of the People Act, 1951 (hereinafter referred to as "the Act"). This is the only ground which has been accepted by the High Court of Assam and Nagaland and the election of the appellant has been set aside on this ground. In this appeal, consequently, the only question that falls for decision is whether the High Court was right in setting aside the election of the appellant on the ground of corrupt practice having been committed within the meaning of Section 123 (4) of the Act. This corrupt practice was alleged by respondent No. 1 to have been committed by the appellant by publication of a leaflet which is, for convenience, reproduced below:-

(2.) In 1952 by entering in the Congress he sought nomination from the Congress from the Samaguri Constituency. The Congress did not give him nomination as in the ' 42 Movement he helped the British and revolted against the Country. After breach of promise he was badly defeated by standing against Shrimati Usha Barthakur who was a Congress nominee.

(3.) Again by entreaties he joined the Congress and on the sudden death of Late Pratap Chandra Sarma Sri Golok Barua became the Chairman of the Nowgong Municipality. Please note some of the instances of injustice and chaos during his tenure of Office.