KANHAIYALAL Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) BY this petition tiled under the provisions of the Representation of the People Act, 1951, hereinafter referred to as the 'Act', the petitioner, who was one of the contesting candidates, has challenged the election of respondent No. 1 from the Jawad Legislative Assembly Constituency to the State Legislative Assembly, in the election held on 31st May, 1980. Twelve persons including the petitioner, respondent No. 1 and one Shri Madansingh had been nominated for election from that Constituency. Subsequently seven persons, one of whom was Shri Madansingh, withdrew their candidature Thus only five persons, including the petitioner and respondent No. 1, contested the election. Respondent No. 1 secured 29,402 votes while the petitioner secured 27,703 votes. Hence respondent No. 1 was declared as elected,

(2.) THE petitioner has challenged the election of respondent No. 1 inter alia on the ground that respondent No. 1 is guilty of commission of corrupt practice specified in Section 123(4) of the Act. It is alleged that respondent No. 1 and his agents and supporters, with the consent of respondent No. 1, published a pamphlet containing statements, which were false in relation to the personal character, conduct and candidature of the petitioner and which were reasonably calculated to prejudice the prospects of the petitioner's election. A copy of the pamphlet has been filed by the petitioner along with the petition. The petitioner has averred that the allegations in the pamphlet that he had amassed wealth by corrupt means by practising fraud and cheating and that he had committed acts of sin by sending innocent persons to jail during the emergency and by compelling thousands of persons to undergo vasectomy were all false. The petitioner further averred that the pamphlet in question was distributed by respondent No. 1 and in his presence and association, by his agents, supporters and workers at places and on dates specified in para 21 of the petition, In that para the petitioner disclosed the names of persons alleged to have distributed the pamphlet in question. One of the persons named in that para is Shri Mandansingh Choudhary,

(3.) WHEN I. A. No. 2055/81 was taken up for consideration, the following issue was framed with the consent of parties - -