HARIRAMSINGH Vs. KAMTAPRASAD SHARMA

JUDGEMENT

(1.) THIS is an appeal under Section 116-A of the Representation of the People Act. 1951 (hereinafter called 'the Act') against the order, dated 20-10-1964, of the election Tribunal, Bhind, setting aside the election of the appellant to the Madhya pradesh Legislative Assembly from the Morena Constituency on the around that he and his election agent Sumati Chand Shastri were guilty of the corrupt pratice of bribery within the meaning of Section 123 (1) of the Act.

(2.) THE allegation of the respondent (petitioner) was that the appellant, returned candidate and Sumati Chand Shaslri, who were the Chairman of the Standing committee and the President, respectively, of the Municipal Council of Morena City at the relevant time, had by grossly abusing their status and power in the said municipality and without lawful authority, mala fide with the sole aim and purpose of unduly influencing voters to vote in favour of the appellant, laid water lines and opened a few new public fountains within about a week prior to the date of the poll. The appellant admitted that he was the Chairman of the Standing Committee at the relevant time and that his election agent Sumati Chand Shastri was the president of the Municipal Council and that the public fountains in question were opened by them. But is was denied that that was done with a view to influence the voters or with any corrupt motive.

(3.) THE Election Tribunal disbelieved the oral evidence of the petitioner's (respondent's) witnesses that the returned candidate and his election agent first demanded votes which were refused by the public and that on their giving promise to instal the fountains and then translating it into action they all promised to give votes It characterized their evidence as false, interested tutored and unnatural which did not inspire any confidence. It however, held that the documents produced by the returned candidate himself and the evidence of his witnesses amply proved that some three public fountains (taps) were opened by the municipal Council during the month of November 1963 and that this exhibition of public charity in the form of opening public fountains to the needy persons cannot be but viewed with the only intention that he had an eye on the votes of those persons whom he had obliged in this way.