RAJENDRA SINGH YADAV Vs. CHANDRA SEN

JUDGEMENT

(1.) THIS is an appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the Act) against the judgment of a single Judge of the Allahabad High court declaring the election of the appellant named Rajendra Singh Yadav, who was the returned candidate from the Uttar Pradesh Assembly Constituency No. 314 (Mohammadabad, District Farrukhabad), held in the year 1974, to be void on the sole ground that he had been guilty of the commission of the corrupt practice specified in clause (5) of Section 123 of the Act, and further holding that "he is disqualified for a period of six years".

(2.) SEVEN candidates took part in the election contest, the appellant's nearest rival being the Congress candidate Smt. Vidyavati Rathore (respondent No. 3) who secured 25736 votes as against 43844 polled in favour of the appellant who fought the battle as an independent candidate.

(3.) ON the pleadings of the parties, the learned single Judge framed 12 issues but we are now concerned only with Issue No. 7 which runs thus: