YOGINDRA PRASAD SHRIVASTAVA Vs. MARKANDESHWAR SINGH

JUDGEMENT

(1.) At the mid-term poll held on February 9 1969 for electing a member to the Bihar Legislative Assembly from Dhanha Constituency there were four contesting candidates. Yogendra Prasad Shrivastava who stood "on the P. S. P. ticket", was declared elected by a majority of 2162, votes over his nearest rival - Markandeshwar Singh who stood "on the Congress ticket".

(2.) Markandeshwar Singh applied to the High Court of Patna for an order setting aside the election of Yogindra Prasad on the ground that the latter, his agents and his supporters with his consent had committed several corrupt practices at the election. Three principal corrupt practices set up in the petition were -

(3.) Item (1) related to the printing, publication and distribution of a pamphlet, in the course of the election campaign. The caption of the pamphlet was "Straight Question" The caption was preceded by the symbol of a hut which is the election symbol of the P. S. P. candidates and a couplet in Hindi which freely translated reads "the river bank contract and the free land will be snatched away by the people. The people will not tolerate the dacoity and murder under the mask of Congress". The caption "Straight Question" is followed by a statement that the people of Dhanha want an answer from Markandeshwar Singh. Then were set out thirteen questions. It is not disputed that the author of the pamphlet intended to malign Markandeshwar Singh. Serious allegations were made in the pamphlet relating to the personal conduct of Markandeshwar Singh. The pamphlet attributed acts of dacoity, murder and violence to Markandeshwar Singh. It is conceded that the allegations which related to the personal character and conduct of Markandeshwar Singh were false and were reasonably calculated to prejudice the prospects of his election.