GURUJI SHRIHARI BALIRAM JIVATODE Vs. VITHALRAO

JUDGEMENT

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

(2.) THE appellant is the returned candidate from the Rajura Constituency of the Maharashtra State Legislative Assembly in the General Electionheld in February, 1967. In that election he secured 21,435 votes as against17,521 votes secured by his nearest rival, the first respondent herein, the nomi-nee of the Indian National Congress. THE first respondent was representingthat constituency prior to the said General Election. THE first respondentchallenged the validity of the appellant's Election Petition No. 14 of 1967in the High court of Judicature at Bombay (Nagpur bench), on two groundsnamely (1) that the appellant was disqualified to be a candidate in thatelection and (2) that he was guilty of corrupt practices under Section 123(4)of the Representation of the People Act, 1951 (to be hereinafter referred toas the Act). THE High court allowed the petition and set aside theelection of the appellant on the ground that he was guitly of publishingstatements of facts which are false and which he neither believed to be falseor did not believe them to be true, in relation to the personal character andconduct of the first respondent. It did not uphold the contention of thefirst respondent that the appellant was disqualified to be a candidate.