RAGHUVIR SINGH Vs. RAGHUBIR SINGH KUSHWAHA

JUDGEMENT

(1.) This is an appeal under Section 116A of the Representation of the People Act 1951 (to be hereinafter referred to as the Act). It arises from election petition No. 37 of 1967 in the High Court of Madhya Pradesh (Indore Bench). That was an application filed by the appellant under Section 81 of the Act challenging the validity of the election of the respondent from the Bhind Assembly Constituency of Madhya Pradesh on various grounds. The election in question took place in February, 1967. In that election as many as five candidates contested, amongst whom the respondent, the nominee of the S.S.P. was one. His main rival was the congress candidate Shri Narsingh Rao Dixit. The polling took place on February 17, 1967 and the votes were counted on February 21, 1967. The respondent secured 20928 votes and his nearest rival Shri Narsingh Rao Dixit secured 14873 votes. The other candidates secured much less and it is not necessary to refer to them in the course of this judgment. The respondent was declared duly elected.

(2.) The petitioner is one of the electors in the Bhind Assembly constitutency. Obviously he is a supporter of Shri Dixit. From the facts and circumstances of the case it is clear he is fighting the battle of Shri Dixit.

(3.) The election of the responent was challenged in the High Court on numerous grounds. On the pleadings, several issues were raised. As many as 35 witnesses were examined on behalf of the appellant, and 49 on behalf of the responent. The learned trial judge came to the conclusion that none of the grounds alleged in the petition was established. He accordingly dismissed the election petition with costs. Hence this appeal.