SHANTILAL Vs. BIPINLAL

JUDGEMENT

(1.) THIS is an appeal under Section 116-A of the Representation of the People Act, 1951, (hereinafter referred to as the Act) against the order of the Election tribunal, Seoni, dismissing a petition filed by the appellant under Section 81 of the act calling in question the election of the respondent No. 1, Bipinlal, to the Madhya pra-desh Legislative Assembly from Waraseoni Constituency.

(2.) SEVEN persons, including the appellant, filed their nominations for election from the said constituency. Respondents Nos. 5 and 6 withdrew their candidature. The respondent No. 1, Bipinlal, secured the largest number of votes and was declared as elected candidate. The appellant-Shantilal, who was defeated at the election, then filed an election petition giving rise to this appeal, praying that the election of the respondent-Bipinlal be declared void and that he, who had secured the largest number of votes after the said respondent, be declared duly elected. The election of the respondent was sought to be set aside on several grounds which included charges of corrupt practices said to have been committed by him. For the disposal of this appeal, it is unnecessary to mention all of them as before us Shri dharmadhikari, learned counsel for the appellant, assailed the findings of the election Tribunal only in regard to four of the charges of corrupt practices set out in the election petition.

(3.) THE appellant averred that the respondent Bipinial committed a corrupt practice under Section 123 (7) (f) of the Act by appointing Roshanlal, who was Patel of village Seoni (Waraseoni), as his polling agent at booth No. 22 of Waraseoni; that as a Patel Roshanlal discharged Police functions; and that the respondent-Bipinlal utilized the services of Roshanlal "in canvassing and furtherance of the prospects of his own election". The material allegations in paragraph 4 (c) of the election petition relating to this corrupt practice are as follows: