ABDUL HUSSAIN MIR Vs. SHAMSUL HUDA

JUDGEMENT

(1.) I agree with the conclusions of our learned brother Krishna Iyer. But I think it necessary to say something on my own.

(2.) The appeal relates to the election to the Assam Legislative Assembly from Dhing constituency. The appellant was declared elected by a majority of l185 votes. The respondent filed an election petition making three charges of corrupt practices against the appellant. The learned' Judge of the Gauhati High Court held that the Charges were made out and allowed the election petition. Hence this appeal.

(3.) The first charge was the offer of a bribe, to P.W, 12. The second charge was that the appellant was guilty of a corrupt practice under Section 123 (3) of canvassing for votes on the basis of his religion. The third charge was that he exercised undue influence by holding out the threat that the people who voted for the respondent would be identified and subjected to the same treatment as the people of Bangladesh by the Pakistanis.