HARI VISHNU KAMATH Vs. ELECTION TRIBUNAL

JUDGEMENT

(1.) THIS petition by one Shri Hari Vishnu Kamath is directed against an order passed by the Election Tribunal, Jabalpur, presided over by Shri M. V. Bhide, on 12-8-1957, in an election petition filed by the petitioner to question the election of shri. Maganlal Bagdi, the second respondent in the case.

(2.) THE matter arises out of an interlocutory order by which the petitioner has been asked to supply better particulars which, according to the Tribunal, were not fully stated in the petition. An anticipatory order striking out those particulars held to be vague, has also been passed, if the order is not obeyed within the time fixed.

(3.) THE facts of the case are simple. The election petition was presented to question the election of the second respondent on the ground that corrupt practices were committed by the returned candidate or his election agent or other persons with the consent of the returned candidate or his election agent, or that in any event the result of the election, in so far as it concerns the returned candidate, was materially affected by corrupt practices committed in the interest of the returned candidate by persons other than the candidate or his election agent or persons acting with the consent of such candidate or his election agent, and by noncompliance with the provisions of the Constitution or of the Representation of the people Act, 1951 (hereinafter referred to as the Act) or of rules and orders made under the Act.