DWARKADAS BALMUKUNDA SALAMPURIYA Vs. VINAYA KUMAR

JUDGEMENT

(1.) THIS is an application for revision under Section 20A(5) of the Central Provinces and Berar Municipalities Act, 1922, of an order of the. First Civil Judge, Class I, Akola dismissing the applicants' election petition challenging the election of the non -applicant.

(2.) SHRI Phadke who appears for the applicants contends that the non -applicant induced one of the candidates, Shri Hussain, for the election to the presidentship of the Akola municipal committee to withdraw his candidature upon an assurance that he would appoint Hussain as vice -president in case the non applicant was elected as president. Shri Phadke further says that an inducement of this kind amounts to bribery and falls within the definition of corrupt and illegal practices as contained in the rules framed under Section 176(2)(i) of that Act. He points out that the lower Court has held that making an offer of the kind aliened cannot be regarded as bribery at all, and would, therefore, not fall within the aforesaid definition.

(3.) THE learned Judge, therefore considered the evidence of Bhikulal (A.W. 24) alone and after examining it in detail held that it was worthless.