KANODIYA NARESHKUMAR MITHALAL Vs. DINESHBHAI RUDHABHAI PARMAR

JUDGEMENT

(1.) . The petition relates to the election held in the month of February 1995. The petitioner was contesting the election from 26-Jamnagar Rural (Reserved S.C.) Constituency for the State Assembly. He was defeated by respondent No. 1. The grievance made in the petition is that respondent No. 1 succeeded in the election by corrupt practice. The corrupt practices alleged are as under : (i) that the petitioner was not only a sitting member but a member of the Cabinet of the State Government ruled, at the relevant time, by the Indian National Congress and he had got printed a hand-bill setting out the alleged achievement of respondent No. 1. What is objectionable to the said hand-bill Annexure B page 30 is that National Flag was printed diagonally on the top right hand corner on its reverse side of the hand-bill; (ii) that an anti-social element was not only given protection by respondent No. 1 but had seen to it that he is not detained under PASA, though a warrant was issued against him, till counting was over and results were declared and that during the interregnum, the said person, Vijaysinh Jethwa by remaining present throughout the campaigning and particularly during counting, had influenced the outcome in favour of respondent No. 1 and that this Mr. Jethwa was able to do as he was having considerable influence in the area on account of his anti-social activities and the illreputation that he had gained of being a headstrong person and capable of doing anything that he would want to achieve his object.

(2.) . Respondent No. 1 has filed written statement and besides the main contesting respondent, there are replies filed by other respondents also.

(3.) . Finally, issues came to be filed at Exh. 16, where issue No. 1 related to the non-maintainability of the petition as it did not conform to or comply with the provisions of Representation of the People Act, 1951 and therefore, the petition is liable to be dismissed under S.86 of the Act.