RAMANBHAI ASHABHAI PATEL Vs. DABHI AJITKUMAR FULSINJI

JUDGEMENT

(1.) The main question which arises for decision in the appeal from the judgment of the Gujarat High Court is whether the appellant could be said to be guilty of a corrupt practice contemplated by sub-s. (3) of S.123 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) by reason of the fact that his election symbol, a star, was described as 'Dhruva star'in the pamphlets published and distributed by him or by his agents and in which the qualities of Dhruva star were also set out.

(2.) The election to the Assembly seat was contested by three candidates, the appellant, respondent No. 1 and respondent No. 2:The appellant having secured 20,062 votes as against 15,190 secured by the first respondent and 7,093 by the second respondent was declared to be elected on February 26, 1962. The first respondent thereupon preferred an election petition before the Election Commission challenging the appellant's election on the following five grounds:

(3.) The Tribunal rejected all the allegations relating to corrupt practices made against the appellant and also held that the distribution of leaflets did not amount to a corrupt practice. The Tribunal similarly rejected the contention of the first respondent as to the validity of the notifications issued by the Governor and the Election Commission. It however, held that the second respondent's nomination paper had been improperly accepted because he had not attained the age of 25 at the date of scrutiny and that inconsequence thereof the result of the election was materially, affected. Upon this ground it set aside the appellant's election.