BIRESH MISRA Vs. RAM NATH SARMA AND ORS.

JUDGEMENT

(1.) THIS is an appeal under Section 116A of the Representation of People Act, 1951, (hereinafter called the Act) against the judgment of the Election Tribunal, Nowgong. The appellant Biresh Misra (hereinafter called the appellant), a voter of Silchar West Constituency stood as a candidate for the election for the Assam Legislative Assembly from Lumding constituency as the nominee of the Communist Party of India. The respondent No. 1 - -Ram Nath Sarma (hereinafter called the respondent) was a candidate nominated by the Indian National Congress to contest for the aforesaid constituency.

(2.) THE questions which therefore arise in connection with this point are (1) whether the petitioner has succeeded in proving the alleged version of the speech made by Sri Chandradhar Goswami and the other speakers in the two meetings held at Lanka and Odalani and (2) if, the speeches were actually made will constitute undue influence as defined in Section 123(2) of the Act. Section 123(2) of the Act provides as follows : - -

(3.) THERE is some mistake in the translation. The correct translation will be as follows: - -as not to vote for Congress will be like committing betrayal of the country'. No objection has been taken to the earlier part of this document. It is admitted that the language used in the major part of this publication is dignified and proper. The objection is taken only to the insinuation at the end that failure to vote for the Congress will amount to betrayal of the country.