KANHAIYALAL Vs. MANNALAL

JUDGEMENT

(1.) THIS is an appeal under Section 116A of the Representation of the People Act, 1951, against the Judgment of the High Court of Madhya Pradesh in an election petition filed by an elector named Mannalal (respondent No. 1 in this appeal), hereinafter to be described as the petitioner, for setting aside the election of the appellant Kanhaiyalal Nagori.

(2.) THE constituency was Javad Constituency of the Madhya Pradesh Legislative Assembly. THE poll took place on 8/03/1972 and the result was declared on 12/03/1972. THEre were four contesting candidates. THE appellant Kanhaiyalal whowas a Congress candidate and respondent No. 1 in the election petition. obtained 25,594 votes. Virendrakumar Saklecha (for brevity Saklecha) who was a Jan Sangh candidate, being respondent No. 4 both in the election petition as well as in this appeal, obtained the second highest number of votes. viz., 23,064. Ravishankar Sharma (respondent No. 2) who was a Socialist candidate, obtained 1300 votes and Jagmohan (respondent No. 3) an independent candidate obtained 1104 votes. THE last two candidates forfeited their security deposit. THE appellant Kanhaiyalal was declared elected by a margin of 2530 votes.

(3.) AS stated earlier the election of the appellant was challenged by an elector Mannalal by an election petition filed on 24/04/1972, alleging corrupt practices under Section 123 (4) of the Representation of the People Act (briefly the Act) which reads as follows:-