BHAGIRATH BILGAIYA Vs. RISHABH KUMAR

JUDGEMENT

(1.) SHIV DAYAL, J. : This is an appeal under Sec. 116 -A of the Representation of the People Act, 1951.

(2.) IN the general elections of 1962, Bhagirath Bilgaiya was returned to the M.P. Legislative Assembly from Bina constituency. Rishabh Kumar, who was a rival candidate filed an election petition. The petitioner's case was that formerly Bhagirath (appellant), Ramgulam Choubey and Brijkishore Pateria were members of the Congress. Being disgruntled, they left it and became his strong opponents. In order to bring about his defeat in the election, they joined hands. They issued cyclostyle pamphlets containing an appeal not to vote for a Jain but to vote for a Sanatan Dharmi Hindu and also containing material calculated to promote feelings of hatred between Jains and Sanatani Hindus. They also got printed in a newspaper, the joint resignation of Ramgulam, Brijkishore and another which contained false statements in relation to Rishabh Kumar's personal character. The election was challenged on the grounds of bribery, undue influence, appeal to vote on the ground of religion of community, promotion or attempt to promote feelings of enmity or hatred between Hindus and Jains on the ground of religion or community; publication of false statements in relation to the personal character or Rishabh Kumar, hiring and procuring vehicles for the conveyance of electors; and incurring or authorising expenditure in excess of the statutory limit -corrupt practices under Sec. 123, Sub -Secs. (1A), (3), (3A), 4, 5 and 6 of the Representation of the People Act, 1951, (hereinafter called the Act). The petition was resisted by the returned candidate, Bhagirath.

(3.) THE questions canvassed before us are :