HARI PRASAD DEB Vs. BHANUGANGA TRIBHUBAN DEB

JUDGEMENT

(1.) THIS is an appeal from the judgment of the Member, Election Tribunal, sambalpur, dismissing with costs, the election petition filed by the appellant against the election of the respondent from Rairakhol Constituency in the district of Sambalpur in the midterm elections to the Orissa Legislative Assembly which were held on the 2nd June, 1961. The appellant stood as the Congress candidate in the said election while the respondent stood as a candidate on behalf of the ganatantra Parishad which consisted mainly of the former Rulers of the feudatory states of Orissa. The respondent is the erstwhile Ruler of Bamra, one of the former Feudatory States of Orissa. It appears that the ruling families of both Rairakhol and Bamra are related to each other and the Jubaraj Sahib of Rairakhol was said to have actively canvassed for the respondent in the said elections. The constituency includes portions of the former State of Bamra and Rairakhol.

(2.) THE main challenge to the election was on the ground that the respondent was guilty of commission of corrupt practice as described in Sub-section (4) of Section 123 of the Representation of the People Act, 1951. It was alleged that the respondent got printed and widely circulated a leaflet in Oriya with the heading "voter Mananka Prati Chetabani" (A caution to Voters) in which false statements relating to the personal character and conduct of the appellant were made which the respondent either knew to be false or did not believe to be true and that in consequence of the wide dissemination of the said printed leaflet in the constituency the appellant's prospects of success in the election were materially affected.

(3.) THE main defence of the respondent was that neither he nor any of his election agents had anything to do with the printing or dissemination of the said leaflet. It was further suggested that having lost the election the appellant surreptitiously got the leaflet printed later on with a view to support the false allegations of commission of corrupt practice by the respondent in this election petition. There was also a recrimination petition filed by the respondent against the appellant but that was dismissed by the Election Tribunal; and though a cross-objection was filed against that order of dismissal, Mr. A. Das for the respondent stated before this Court that he would not press the cross-objection.