PRABHU NARAYAN Vs. A K SRIVASTAVA

JUDGEMENT

(1.) - In the election held on 11th March, 1972 to the Legislative Assembly of Madhya Pradesh from Damoh constituency the respondent, an independent candidate, was declared elected. The appellant, the Congress candidate filed an election petition for declaring the election of the respondent void on various grounds all of which were found not proved by the learned Judge of the High Court of Madhya Pradesh who tried the petition. The petition was consequently dismissed and this appeal is against that dismissal.

(2.) We are concerned only with the charge of corrupt practices under Section 123 (4) of the Representation of the People Act in respect of five pamphlets marked Exs. P-3, P-4, P-5, P-6 and P-8 and two public meetings held on 4-3-1972 and 8-3-1972.

(3.) At the beginning of the arguments an objection was raised on behalf of the respondent that the election petition should have been dismissed on the ground that it did not comply with the requirements of Section 83 of the Representation of the People Act. This was on the basis that the affidavit filed in support of the election petition did not give details as to the material particulars in respect of the various corrupt practices with which the respondent was charged. It was argued in the alternative that in any case no evidence should have been admitted. As far as this appeal is concerned both amount to the same thing because charges with which we are concerned are charges under S. 123 (4). We do not think that there is any substance in this contention on behalf of the respondent.