UDHAV SINGH Vs. MADHAV RAO SCINDIA

JUDGEMENT

(1.) This appeal is directed against a judgment, dated October 27, 1972, of the High Court of Madhya Pradesh dismissing the election petition filed by the appellant to question the election of the respondent, to Lok Sabha.

(2.) Six candidates filed nomination papers for contesting the election to Lok Sabha from Guna Parliamentary Constituency in March 1971. Out of them, Sarvshri Shiv Pratap Singh and Gaya Prasad withdrew their candidature after their nomination papers were found to be in order after scrutiny, leaving four candidates in the field viz., Sarvshri Madhavrao Scindia, Deorao Krishnarao Jadhav, Narayan Singh 'Albela' and Bundal Singh to contest the election. Shri Madhav Rao Scindia respondent herein who was sponsored by the Jan Sangh was declared elected by a margin of 1,41,090 votes over his nearest rival, Shri Deorao Krishnarao Jadhav, sponsored by the Indian National Congress.

(3.) Udhav Singh, an elector of the Constituency, filed an election petition on 26-4-1971, in the High Court challenging the election of the respondent on two main grounds viz., (i) that the respondent and/or his election agent had incurred or authorised expenditure in connection with the election in excess of the limit of Rs. 35,000/- prescribed under Section 77 (3) of the Act read with Rule 90 of the Conduct of Election Rules, 1961. It was alleged that the respondent made a tour in the Constituency by helicopters and showed Rs. 5,000/- only as an expense towards the cost of the aviation fuel but did not show the hiring and other charges in respect thereof. It was further alleged that the respondent hired and sued motor vehicles, not less than 18, but did not show the expenditure incurred in respect thereof in the statement of election expenses submitted by him to the Election Commission;