VIDYA CHARAN SHUKLA Vs. G P TIWARI

JUDGEMENT

(1.) IN the general elections held early this year Vidya Charan Shukla, the petitioner was returned to the House of the People from the Mahasamund constituency on the Congress ticket. He polled 56,664 votes. His rival candidates, Khubchand baghel respondent No. 2 (Praja Socialist Party) secured 53,872 indradeo Tandon respondent No. 3 (Republican Party) 9,138; Dharamjit Singh respondent No. 4 (Ram Rajya Parishad) 23,889; and Ramsingh respondent No. 5 (Jan Sangh)14,532 votes.

(2.) KHUBCHAND Baghel respondent No. 2 filed an Election. Petition challenging the aforesaid election on the ground of a corrupt practice --publication of a pamphlet published in the name of one Tikamchand Jain, allegedly containing false and defamatory statement in respect of Khubchand Baghel. For our purposes it is unnecessary to set out the allegations contained in the Election Petition. Suffice to reproduce the prayer in verbatim : the petitioner claims (i) a declaration that the election of the returned candidate Shri Vidya Charan Shukla respondent No. i is void; (2) any other relief that may in the circumstances of the case be deemed fit and proper. "

(3.) IN the Election Petition, besides Vidya Charan Shukla, all the other contesting candidates are also made parties. For the trial of that petition Mr. G. P. Tiwari, district Judge, Raipur (respondent No. 1) has been constituted the Election tribunal under Section 80 of the Representation of the People Act, 1951 (hereinafter to be called 'the Act' ). A copy of the said petition was sent by the election Commission to Vaidya Charan Shukla. He was also served with a notice for appearance before the said Tribunal. He entered appearance by counsel before the Tribunal on June 18, 1962.