HABIB BHAI Vs. PYARELAL

JUDGEMENT

(1.) THIS appeal under Section 116-A of the Representation of the People Act, 1951, (hereinafter described as the ' Act') arises out of an election petition filed by the appellant-petitioner Habib Bhai challenging the validity of the election of the first respondent Pyarelal on several grounds. The appellant is an elector in the Barpali Constituency and the election which had led to the-present petition was held in the month of February 1962 for the Madhya Pradesh Legislative Assembly from the said Constituency. As a result of the election, the first respondent was declared: duly elected. He secured 5,671 votes. On recounting of votes made under the direction of the Tribunal, he was found to have secured 5,662 votes. The third respondent Banwarilal was his nearest rival. He was declared to have got 4,716 votes. On recounting, this number increased by five votes. The result remained unchanged.

(2.) THE appellant's case is that the election of the first respondent Pyarelai was invalid inasmuch as he had practised corrupt practices at the said election. He prayed that the election of the first respondent be declared void and that the third respondent who had secured the next largest number of votes be declared duly elected.

(3.) RESPONDENTS 1 and 4 contested the election as independent candidates; respondent 2 Prem singh was the official candidate of the Jan Sangh at the election and third respondent Banwarilal was the official candidate of the Congress Party. Respondent 2 filed his written statement supporting the 1st respondent. He admitted all those allegations to be correct which were urged by the appellant to have been made against his personal character by the 1st respondent. The third respondent filed his written statement supporting the petitioner and took part in the proceedings before the Election Tribunal. After filing his written statement, respondent 2 remained absent. Respondent 4 remained ex parte from the very beginning.