SHIV CHARAN SINGH Vs. JANARDAN SINGH GEHLOT

JUDGEMENT

(1.) The petitioner Shiv Charan Singh has chillengej the election of respondent Janardan Singh Gehlot from Karauli Assembly Constituency (No. 80) for which the polling was held on Feb. 27, 1990.

(2.) As per the result-sheet, the petitioner who was a candidate for Bhartiya Janata Party (BJP) secured 31744 votes and the respondent secured 36569 votes. The petitioner was therefore defeated by a margin of 4825 votes. Though, the petitioner, in the petition, has challenged the election of the respondent, the returned candidate, also on the ground of corrupt practice of booth capturing for which issue No. I was also struck on that controversy, but during the course of evidence, learned counsel for the petitioner had relinquished the aforesaid issue and no evidence whatsoever has been led so far as allegation of corrupt practice of booth capturing is concerned. I will therefore in this election petition confine to the surviving ground of challenge of the election of the returned candidate.

(3.) It may be stated at the very outset that the election of the respondent has been challenged on the ground of his having committed the corrupt practice of bribery under sub-section (1) (A) (b) of Sec. 123 of the Representation of the People Act, 1951 (for short, the Act) as also the publication of statements in relation of personal character or conduct of Shiv Charan Singh, the petitioner herein, which statements according to the petitioner was reasonably calculated to prejudice the prospects of his election.