JAGMAL SINGH YADAV Vs. AIMADUDDIN AHMED KHAN

JUDGEMENT

(1.) This appeal under Section I 16-A of the Representation of the People Act, 1951 (the Act) is directed against the judgment dated 18/5/19899 of the High court of Rajasthan, Jaipur bench by which the election of the appellant to the Rajasthan Legislative Assembly from the Tijara Constituencyhas been set aside on the ground that the appellant committed the corrupt practice under Section 123 (4 of the Act.

(2.) The poll was held on 5/3/1985. Six candidates, including the appellant, Aimaduddin Ahmed Khan, respondent in the appeal herein, and one Maya Ram had filed their nomination papers. The appellant was candidate of the Congress Party whereas the respondent was the candidate of Lok Dal. The nomination paper of Maya Ram was rejected by the Returning Officer during the course of scrutiny. Five candidates contested the election. The total number of valid votes polled was 70,802. The appellant received 37,481 votes whereas the respondent received 29,982 votes. On 6/3/1985 the appellant was declared elected to the Rajasthan Legislative Assembly from the Tijara Constituency.

(3.) Aimaduddin Ahmed Khan filed election petition on 9/4/1985 challenging the election of the appellant on the following grounds: