JAMUNA PRASAD MUKHARIYA Vs. LACHHI RAM

JUDGEMENT

(1.) This is an appeal from a decision of the Election, Tribunal of Gwalior in which the petitioner, an elector, sought to set aside the elections of the appellants (respondents 1 and 2 to the petition) who were the successful candidates.

(2.) We will first consider that part of the decision which declares the election of the two appellants to be void.

(3.) The Tribunal finds, among other things, that the appellant No. 1 (1st respondent\) published certain pamphlets which contain statement listed as (a),(b), (c) ,(e), (f) and (g) by the Tribunal. The Tribunal holds that these statement are false and that the 1st appellant (1st respondent) did not believe them to be true. It also holds that these statements reflect on the personal character and conduct of the 6th respondent and are reasonably calculated to prejudice his prospects in this election.