MANGI LAL Vs. K R PAWAR

JUDGEMENT

(1.) , J.: - Mangi Lal Joshi has appealed to this Court under Section l16-A of the Representation of the People Act 43 of 1951 (hereinafter called 'the Act') from the judgment and order of the Madhya Pradesh High Court (Indore Bench) dismissing his election petition under Section 81 of the Act challenging the election of respondent No. 1 Krishnaji Rao Pawar, an ex-Ruler of the erstwhile Dewas Senior State, to the Legislative Assembly of Madhya Pradesh from the General Dewas Assembly Constituency No. 256 in the bye-election held in June 1968. This seat had fallen vacant on account of the death of Shri Hattesing, the successful candidate from this constituency in the General Elections held in February 1967. The appellant had contested the election on the ticket of the Indian National Congress whereas respondent No. 1 had contested it as an independent candidate. The charges on which the appellant's learned counsel has concentrated before us relate to :-

(2.) THE first point canvassed before us relates to the alleged corrupt practice of publication of false statement of fact in relation to the personal character or conduct of the appellant as contemplated by Section 123, sub-section (4) of the Act. Arguments on this point were confined to sub-issues (a), (b), (c), (d), (e), (f) and (g) of issue No. 5 and the relevant sub-issues of Issue No. 6. THE aforesaid sub-issues of Issue No. 5 covered the plea contained in paragraph 13 (b) (i) of the election petition. It was averred in that sub-para that at a public meeting held at about 8 P. M. on 13/06/1968, at Jawahar Chowk at which the returned candidate was present, Abdul Rehman Talib of Dewas, Kanhaiyasingh Thakur of Dewas, Kr. Virendrasingh, Deputy Minister of Labour Government of Madhya Pradesh and Khasherao Ghorpade of Dewas, in the course of their speeches, made statements relating to the personal character and conduct of the petitioner appellant which were false and which the speakers and the returned candidate either believed to be false or did not believe to be true and those statements were reasonably calculated to prejudice the petitioner / appellant's prospects of election. Abdul Rehman Talib was alleged to have said :-

(3.) IN regard to the publication in 'Ranchandi' the respondent pleaded in the written statement that the Editor of the weekly used to publish election material on his own responsibility and that the respondent had no concern with the statements published therein. The subject-matter published in the issue of 16/06/1968 was stated not to have been published with the respondent's consent. He, however, proceeded, without prejudice, to add that the statements of fact contained therein were not believed by him to be either false or untrue.