MAHADEO Vs. SHANTIBHAI

JUDGEMENT

(1.) This is an appeal from a judgment of the Madhya Pradesh High Court by a returned candidate at an election to Madhya Pradesh Legislative Assembly from Ujjain North-Constituency held in February 1967 declaring the election of the appellant void under Section 98 of the Representation of the People Act (hereinafter referred to as the Act).

(2.) There was no less than eight candidates at the said election, five of whom polled very few votes. The result of the election so far as the other three were concerned was as follows : <FRM>JUDGEMENT_2_TLPRE0_1968_1.html</FRM>

(3.) The election petition was filed by the husband of the 2nd respondent, Mrs. Hansaben Patel. In the petition numerous grounds were taken for declaring the election of the appellant void under the Act and no less than five issues with different sub-heads were framed by the court on August 31, 1967, but at the final stage of the hearing only the first issue was canvassed. The said issue reads as follows :