BADRI PRASAD Vs. SATISH KUMAR SHARMA

JUDGEMENT

(1.) THIS is an appeal under Section 116A of theRepresentation of the People Act, 1951, (herein -after, to be referred to as the Act) by Badri Prasad,an unsuccessful election petitioner, against the orderof the Election Tribunal, Alwar, dated May 31,1963, dismissing his election petition No. 92 of1962. The petitioner Badri Prasad was a contesting candidate for a seat in the Rajasthan Legislative Assembly from the Bansur Constituency. Therewere six -other contesting candidates including therespondent Satis Kumar, Sharma. Election washeld in February 1962 and the counting of votestook plate on February 26, 1962. The votes secured by the various candidates were as follows : - -

(2.) THE petition was referred for trial by the Election Commissioner to the Election Tribunal, Alwar, under section 86 of the Act. The respondent denied the allegations of corrupt practices made against him. He admitted that the bulletins Nos. 1 and 2 as also two others Nos. 3 and 4 were got printed and published by him. His defence, however, is that the passages contained in the documents complained against are neither statements of fact nor they relate to the personal character of conduct of the petitioner. Such passages were neither false nor the respondent believed them to be false.

(3.) THE petitioner examined 38 witnesses and produced 38 documents, while the respondent examined 71 witnesses and produced 104 documents.