PANDIT SHREE KRISHNA SELOT Vs. RAMGHARAN PUJARI

JUDGEMENT

(1.) This appeal is brought under Section 116-A of the Re- presentation of the People Act, 1951 (Act No. 43 of 1951) against the judgment of the Madhya Pradesh High court dated 8/01/1968 in Election petition No. 8 of 1967 whereby the High court dismissed the election petition filed by the appellant under Section 80 of that Act.

(2.) In the General Election for the Madhya Pradesh Legislative Assembly that took place on the 20/02/1967 in the Constituency No. 184 i. e. Banda Constituency in Sagar District, the appellant and the respondent besides four other persons were the contesting candidates. The respondent, mr. Ramcharan Pujari, who was a candidate on behalf of the Jan Sangh party, was declared to be elected on the 21/02/1967 having secured 12 731 votes. The appellant secured 11,908 in that election. The appellant thereafter challenged the election of the respondent on the ground of various corrupt practices alleged to have been committee in Paragraphs 2 and 3 of the Election Petition. It was further pleaded that the Polling Officers and the other polling staff did not comply with the provisions of the Representation of the Peoples Act, 1951 (Act No. 43 of 1961) (hereinafter called the Act) andthe Rules thereunder or the orders made under the Act. In his written statement the respondent controverted each one of the allegations made in the election petition. After consideration of the oral and documentary evidence adduced by the parties, Mr. Justice S. P. Bhargava held that the allegations made by the appellant were not established. As many as 16 issues were framed in the case, but we are concerned in this appeal only with Issues Nos. 12, 14,5,8 and 4 which are reproduced below:

(3.) Counsel on behalf of the appellant pressed his argument only with regard to these issues, and said that he will not challenge the findings of mr. Justice S. P. Bhargava with regard to other issues.