BABULAL SHARMA Vs. BRIJNARAIN BRAJESH

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution is directed against an order passed by the Election Tribunal, Gwalior in election petition No, 287 of 1957 on 24th September 1957.

(2.) THE petitioner Babulal Sharma is a voter and he had by the election petition challenged the election of the first respondent Brijnarain Brijesh. In the election petition he had alleged in paragraph 6 as follows : "that Shri Brijesh, respondent No. 1, and his supporters made systematic appeal to the voters to vote on the ground of caste and creed. personally the respondent No. 1 had been, appealing systematically for Brahmins' support, he being a Brahmin. For non-Brahmins, he would ask whether they were out to murder (meaning thereby to defeat) a Brahmin as against a cow-killer (meaning a member of Congress, a party which is not banning cow-slaughter in the teeth of opposition ). His begging votes as a Brahmin in the above fashion told upon the simple villagers and materially furthered his prospects. " subsequently, Babulal Sharma applied for an amendment of the petition setting out particulars in relation to the allegations made in a general way in that paragraph. We need not quote the application for amendment in extenso but we set down here one or two out of the numerous paragraphs, which Babulal Sharma sought to be incorporated in the petition as illustrating the nature of the amendments:

(3.) THE Tribunal, after examining the case for amendment, both under law and in fact, rejected the application of Babulal Sharma, and hence this petition.