VIRENDRA KUMAR SAKLECHA Vs. JAGJIWAN

JUDGEMENT

(1.) This is an appeal from the judgment dated 30 September, 1969 of the High Court of Madhya Pradesh setting aside the election of the appellant. The High Court held the appellant to be guilty of corrupt practice under S. 123(4) of the Representation of the People Act, 1951 (hereinafter referred to as the Act) with reference to a speech at Singoli on 29 January, 1967, a speech at Athana on 9 February, 1967 and a speech at Jhatla on 12 February, 1967. The High Court further held the appellant to be guilty of corrupt practice of appealing on the ground of religion as defined in Section 123(3) of the Act and also threatening the electors with divine displeasure being a corrupt practice as defined in Section 123(2) of the Act in regard to the speech at Jhatla on 12 February, 1967. The High Court also held the appellant to be guilty of corrupt practice of appealing on the ground of religion and threatening with divine displeasure those who voted for the Congress in the three speeches delivered on 15 February, 1967 at Morwan, Singoli and Dikaan by the Swamiji of Bhanpura at the instance, and in the presence, and after introduction by the appellant of the Swamiji of Bhanpura to the audience of those three places.

(2.) On 31 January, 1972 we delivered the order holding that we did not agree with the finding of the High Court and we also held the appellant to be not guilty of any corrupt practice. We stated then that we would give the reasons later. We now give those reasons.

(3.) The appellant and the respondent Jagjiwan Joshi and the other two respondents were four candidates from Jawad Constituency for election to the Madhya Pradesh Assembly at the general election held in the year 1967. The appellant was successful at the election. The respondent Joshi challenged the election of the appellant.