VIDYA SAGAR JOSHI Vs. SURIMDER NATH GAUTAM

JUDGEMENT

(1.) THE following Judgment of the court was delivered by ;

(2.) THIS is an appeal against the judgment, dated 15/01/1968, of the High court of Delhi (Himachal bench) setting aside the election of the appellant to the Santokhgarh Assembly Constituency of Himachal Pradesh. The election has been set aside on the ground of corrupt practice under section 123(6) of the Representation of People Act read with s. 98(b) of the Act.

(3.) THE case of the election petitioner was that if this deposit were added to the election expenses, the limit of Rs. 2,000.00 was exceeded and therefore this amounted to a corrupt practice under section 123(6) read with s. 77(3) of the Representation of People Act. THE High court held in favour of the election petitioner and hence the appeal.