KAMAL NARAIN Vs. DWARKA PRASAD MISHRA
HIGH COURT OF MADHYA PRADESH
DWARKA PRASAD MISHRA
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(1.) This is an appeal under section 116 -A of the Representation of the people Act, 1951, as it stood before the amendment of 1966, (hereinafter called "the Act"), from a decision of the Election Tribunal, Raipur.
(2.) AFTER the general elections of 1962 the Kasdol Legislative Assembly constituency was called upon to elect a person for the purpose of filling a vacancy in the Madhya Pradesh Legislative Assembly. The appellant (hereinafter also called "the petitioner") was a candidate set up by the Praja Socialist Party; Shri D.P. Mishra, respondent No. 1, (hereinafter called "the respondent") was the Congress candidate; and one Purushottamdas was an independent candidate. Kanhaiyalal Mishra (respondent No.2) had also filed his nomination paper as a Congress candidate, but he withdrew his candidature when the respondent's nomination paper was accepted. Poll was taken on May 4, 1963. The appellant got 4611 votes; the respondent 11528 votes; and Purushottamdas 850. The respondent was declared elected.
By an election petition, the appellant challenged the election of the respondent on various charges of corrupt practice, which may be classified into four heads: (1) Bribery; (2) publication of false statements, (3) hiring or procuring of vehicles for conveyance of electors, and (4) incurring or authorising election expenses in excess of the prescribed' limit. The election petition was initially dealt with by Shri S.R. Vyas, District Judge, Raipur, who constituted the Election Tribunal under section 86 of the Act. From his decision on a preliminary point, the case went up to the Supreme Court and then came back to Raipur for trial on merits. Shri B.K. Choudhari was then specially appointed Election Tribunal for the trial of this election petition. The respondent contested the election petition. The learned Tribunal, by its order dated December 28, 1966, decided all the issues against the election petitioner and dismissed the petition. Aggrieved by that order, the election petitioner preferred this appeal on July 1, 1967.
(3.) 1970 JLJ 342].;
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