A. Alagiaiswami, J. - (1.) This appeal arises out of an election petition filed by the appellant, a voter, questioning the election of the 1st respondent to the Madhya Pradesh Legislative Assembly from the Lanji constituency in Balaghat District held on the 8th of March, 1972.
(2.) The 1st respondent had applied for a Congress ticket and on being refused a Congress ticket he contested the election as an independent candidate and won the election having obtained 20051 votes. The 2nd respondent was the Congress candidate who got the next highest votes of 19166. The other respondents were also unsuccessful candidates.
(3.) The appellant made a number of allegations against the successful candidate the purport of which would appear from issues 1 to 4 set out below: 1. Has the Respondent No. 1 incurred or authorised expenditure beyond the prescribed limit as detailed in paragraph 5-B. B-i, B-ii, B-iii, B-iv and B-v and what is its effect 2. Whether the Respondent No. 1 made a gift of expenses for election including the deposit of Rs. 250/- at the time of filing the nomination papers of the Respondents Nos. 5 and 6 with a view to divide the votes to support his candidature as detailed in paragraph 5(c) of the petition and does this amount to a corrupt practice under Section 123 (1) (A) and (B) of the Representation of the People Act, 1951 3. Whether the Respondent No. 1 obtained the services of Shri Raizada as alleged in paragraph 5 (E) and the Schedule concerned for the furtherance of the prospects of his election and is he guilty of a corrupt practice under S. 123 (7) of the Representation of the People Act, 1951 4. Whether the respondent No. 1 got printed and widely distributed in the constituency the leaflet with a heading with his symbol with a threat that Goddess Durga rides on his symbol and in case he is not voted they will suffer from the wrath of Goddess Durga Does this amount to an appeal on the ground of religion or religious symbol within the mischief of Section 123(3) of the Representation of the People Act, 1951 All the issues were found against the appellant and as we agree with the learned Judge completely we do not consider it necessary to discuss the evidence at length. We shall indicate our reasons within a short compass. Issue No. 1;