MAGANLAL RADHAKISHAN BAGDI Vs. HARI VISHNU KAMATH

JUDGEMENT

(1.) This is an appeal under Section 116-A of the Representation of People Act, 1951 (hereinafter galled the Act), against the order of the Election Tribunal, Jabalpur, declaring the appellant's election to the House of the People to be void under Section 98, read with Section 100(1) (b), of the Act.

(2.) The appellant, Maganlal Bagdi, and the respondent, H. V. Kamath, were candidates for election to the House of the People from the Hoshan-gabad Parliamentary Constituency in Madhya Pradesh in the last general election. The appellant was a candidate on behalf of the Congress Party and the respondent, on behalf of the Praia Socialist Party. Polling was held on the 25th February and the 4th March, 1957, and Votes were counted on the 14th and 17th March, 1957. Since the appellant secured 84532 votes as against 59374 votes secured by the respondent, the former was declared to be duly elected on the 17th March 1957.

(3.) The respondent challenged the appellant's election on various grounds by a petition under Section 81 of the Act, from which this appeal arises. The facts found by the Tribunal against the appellant are the following: