THAKUR VIRENDRA SINGH Vs. VIMAL KUMAR

JUDGEMENT

(1.) JASWANT SINGH, J :- This appeal under Section 116-A of the of Representation of the People Act, 1951 (hereinafter referred to as 'the Act') is directed against the judgment and order dated 26/04/1974, of Indore Bench of the High Court of Madhya Pradesh whereby the election of the appellant to the Madhya Pradesh Legislative Assembly from Kachrod Assembly Constituency No. 247 at the general elections of 1972 has been set aside under Section 100 (1) (b) of the Act on the election petition filed by Vimal Kumar Choudhury, respondent herein, who was an elector in the said constituency.

(2.) PURSUANT to the notifications issued under Section 30 of the Act calling upon the aforesaid constituency to elect a member to the M. P. Legislative Assembly, nomination papers by the appellant and some others were filed on 8/02/1972. On scrutiny of the nomination papers held by the Returning Officer on 9/02/1972, nomination of 8 candidates was found valid. Out of the said 8 candidates, 3 withdrew their candidature with the result that only five candidates including the appellant who was set up by Bhartiya Jan Sangh and Rajendra Jain (Prosecution witness 39) who was set up by the Indian National Congress contested the election. The poll took place on 8/03/1972. On Mar 12/03/1972, the appellant was declared elected as a result of counting of the polled votes which showed that he had secured 23,572 votes as against 22,327 secured by Rajendra Jain (Prosecution witness 39), his nearest rival. On 24/04/1972, the respondent herein presented an election petition challenging the election of the appellant alleging commission by the latter of various acts of corrupt practices. The particulars of corrupt practices alleged to have been committed by the appellant were set out by the respondent in paragraphs 13, 14 and 15 of his election petition. In paragraph 13 of the election petition, it was inter alia stated as under :-

(3.) ON consideration of the evidence adduced by the parties during the course of the regular trial of the petition, the learned trial Judge allowed the election petition and set aside the election of the appellant under Section 100 (1) (b) of the Act. The finding arrived at by the learned Judge in so far as they are relevant for the purpose of this appeal are as follows :-