RAGHU NATH SINGH Vs. KRISHNA CHANDRA SHARMA

JUDGEMENT

(1.) This appeal, directed against the dismissal by the High Court of Allahabad of the election petition filed by the appellant, concerns the mid-term elections to the U. P. State Assembly from Mahrauni constituency and Jhansi district which took place on February 5, 1969.

(2.) The appellant fought the election on the Jan Sangh party ticket while the respondent, the returned candidate, fought it on the Congress party ticket. The election petition was filed on three grounds:(1) the publication of two pamphlets (Exs. P-8 and P-9) , which according to the appellant contained false statements relating to his personal character and conduct within the meaning of Section 123 (4) of the Representation of the People Act, 1951. (2) undue influence. within the meaning of Section 123 (2) and (3) incurring and authorising expenditure in excess of the prescribed amount under Section 123 (6) . In this appeal, we are, however, concerned with the first ground only, as counsel for the appellant told us at the very commencement of the hearing that he did not propose to press grounds 2 and 3. The appellant's case was that the, said two pamphlets (Exs. P-8 and P-9) were widely circulated in the constituency by the respondent's workers and agents with his consent between January 13 to February 3, 1969, and were calculated to prejudice his prospects in the election.

(3.) The pamphlet (P-8) , though published in the name of the Secretary, District Congress Committee, was printed at the Swatantra Press, owned by and located at the residence of the respondent. The allegation was that it was printed and published at the instance of the respondent. Besides Ex. P-8, there was another pamphlet (Ex. P-9) issued over the signature of one Agnihotri, which also was distributed by the respondent and with his consent by the said Agnihotri and other named in the petition at a public meeting addressed by the Prime Minister at Mahrauni on February 3, 1969.