BADRI NARAIN SINGH Vs. KAMDEO PRASAD SINGH

JUDGEMENT

(1.) These two appeals arise out of an election petition under Section 80 of the Representation of the People Act. In Election Appeal 8 of 1958 Kamdeo prasad Singh, the petitioner in the Court below, is the appellant (hereinafter referred to as the petitioner). In Election Appeal 7 of 1958 Bari Narain Singh, the returned candidate, who was respondent No. 1 in the petition, is the appellant (hereinafter referred to as the respondent). Five persons in all filed their nomination papers with regard to election to the Bihar Legislative assembly from the Sarath State Assembly constituency in the last general elections, namely, Badri Narain Singh, Kamdeo Prasad Singh, Hargouri Prasad Singh, Dwarka Prasad Singh and Nunka Saran. The last two candidates withdrew from contest before the last date fixed for withdrawal, that is 4-2-1957. The first three candidates alone contested the election. The respondent is a Congress candidate and the petitioner is a candidate of the Praja Socialist Party. The other candidate, Hargouri Prasad Singh, was set up by the Jharkhand Party. The result of the election was declared on 14-3-1957, and the respondent was declared elected, as he had received the largest number of votes. The votes received by the different contesting candidates were as follows: Badri Narain Singh. 11328 Hargouri Prasad Singh. 10909 Kamdeo Prasad Singh, 9373 On 25-4-1957, the petitioner presented to the Election Commission a petition, being Election petition No. 279 of 1957, impleading only the respondent and Hargouri Prasad Singh as respondents Nos. 1 and 2. He challenged the election of the respondent on two grounds, first, that both the respondent and Hargouri Prasad Singh were disqualified for being chosen as, and for being, a Member of the Legislative Assembly of the State because they were Ghatwals owning and occupying Ghatwali tenures of Babhan-gawan and Talukdeoli, respectively, and as such they held office of profit under the State Government, and, second, that the respondent and his agents committed corrupt practices. The corrupt practices given by the petitioner comprised corrupt practices of using motor vehicles for the conveyance of voters to the poll and publication of pamphlets entitled "Sarath Nirwachan Chhetra Ke Matdataon Se Appeal" and "Ausarba-dion Se Sawdhan", as detailed in Annexure A to the petition, of newspaper "Jhankar", as detailed in Annexure B to the petition and of a notice, as described in Annexure C to the petition, making deliberately false aspersions on the personal character of the petitioner. On these allegations he claimed a declaration that the election of the respondent was void. In addition to this declaration he claimed a further declaration that he himself has been duly elected.

(2.) Both the respondents in the Court below, Badri Narain Singh and Hargouri Prasad Singh, filed written statements. Both of them denied that they were Ghatwals and held office of profit under the State Government, They alleged that their Ghatwali estates had been taken over by the State Government under the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950), and, therefore, their nomi nation papers were not improperly accepted. Har-gouri Prasad Singh denied knowledge of commission of corrupt practices by the respondent or his agents. By his written statement the respondent controverted all the allegations of corrupt practices made by the petitioner. He denied that he or his agents or any person on his behalf distributed any pamphlet, newspaper "Jhankar" or notice containing false allegations against the personal character of the petitioner. He also denied that voters were brought on trucks by him or his agents to the election booths. He alleged that on the contrary the petitioner himself was guilty of corrupt practices.

(3.) At the trial Hargouri Prasad Singh did not contest the election petition. The respondent alone resisted it. The following issues were framed by the Member, Election Tribunal, Santal Paraganas, Dumka, who happened to be also the District Judge of that place: