KALYASINGH Vs. GENDA LAL

JUDGEMENT

(1.) There were three candidates to contest the election to the Legislative Assembly of Madhya Pradesh from the Bhainsdeshi Assembly (Reserved) Constituency in the last general elections. The appellant in this appeal under Sec. 116-A of the Representation of the People Act, 1951 - hereinafter referred to as the Act, was declared elected to the seat defeating the other two candidates who are respondents 2 and 3. Respondent no. I filed an Election Petition in the Madhya Pradesh High Court challenging the election of the appellant on several grounds. A learned single Judge of the High Court has declared the election of the appellant void on one ground only. It has been held that he indulged in a corrupt practice within the meaning of section 123 (1) (A) (b) of the Act. We shall confine the statement of facts in this case to the only ground on which the appellant's election has been set aside.

(2.) Respondent no. 1 stated in paragraph 6 of his election Petition:

(3.) On appreciation of evidence adduced before the High Court, on the relevant issues it recorded the following findings: