DALCHAND JAIN Vs. NARAYAN SHANKAR TRIVEDI

JUDGEMENT

(1.) This appeal is directed against a judgment of a single judge of the Madhya Pradesh High court setting aside the election of the appellant to the Madhya Pradesh Legislative Assembly from the Sagar city constituency.

(2.) At the last general election to the Legislative Assembly from the sagar City Constituency there were six contesting candidates. The appellant, the Congress candidate, secured 17,068 votes, respondent No. 1, the P. S. P. candidate secured 12,193 votes, four other candidates secured much lesser number of votes. The appellant was declared elected. Respondent No. 1 filed an election petition and alleged a number of corrupt practices on the part of the appellant. The High court found that the corrupt practice under Section 123 (4) was proved and set aside the election. The High court found that the other charges were not proved.

(3.) The charges against the appellant under Section 123 (4) is that with his consent statements of facts which were false and which the appellant did not believe to be true in relation to the personal character or conduct of respondent No. 2 calculated to prejudice the prospects of his election were published in Hindi in the issues of New Rocket Times, dated the 6th, 9th, 10th, 13th, 18th and 19/02/1967 (Exs. P-6, P-5, P-4, P-3, P-2, and p-l respectively) and the issues of Agami Kal, dated the 4th, 19th and 20th february (Exs. P-7, P-9 and P-IO respectively). The learned Judge held thatthe publications were made with the appellant's consent and that the papers were distributed at his instance on the eve of the election. We are unable to agree with this finding.