- (1.) This appeal is directed against a judgment, dated October 27, 1972, of the High Court of Madhya Pradesh dismissing the election petition filed by the appellant to question the election of the respondent, to Lok Sabha.
(2.) Six candidates filed nomination papers for contesting the election to Lok Sabha from Guna Parliamentary Constituency in March 1971. Out of them, Sarvshri Shiv Pratap Singh and Gaya Prasad withdrew their candidature after their nomination papers were found to be in order after scrutiny, leaving four candidates in the field viz., Sarvshri Madhavrao Scindia, Deorao Krishnarao Jadhav, Narayan Singh 'Albela' and Bundal Singh to contest the election. Shri Madhav Rao Scindia respondent herein who was sponsored by the Jan Sangh was declared elected by a margin of 1,41,090 votes over his nearest rival, Shri Deorao Krishnarao Jadhav, sponsored by the Indian National Congress.
(3.) Udhav Singh, an elector of the Constituency, filed an election petition on 26-4-1971, in the High Court challenging the election of the respondent on two main grounds viz., (i) that the respondent and/or his election agent had incurred or authorised expenditure in connection with the election in excess of the limit of Rs. 35,000/- prescribed under Section 77 (3) of the Act read with Rule 90 of the Conduct of Election Rules, 1961. It was alleged that the respondent made a tour in the Constituency by helicopters and showed Rs. 5,000/- only as an expense towards the cost of the aviation fuel but did not show the hiring and other charges in respect thereof. It was further alleged that the respondent hired and sued motor vehicles, not less than 18, but did not show the expenditure incurred in respect thereof in the statement of election expenses submitted by him to the Election Commission; (i) that the workers of the respondent, with his consent, had threatened the electors with bodily injuries and criminally intimidated them not to vote for Shri Deorao Krishnarao Jadhav the Congress candidate. Five instances of such threats and intimidation interfering with the free exercise of electoral rights, were set out in Clauses (i) to (v) of the original Paragraph 10 (III) of the petition, which, after amendment, was renumbered as Para. 11 (iv). Clause (iv) of Paragraph 11 is as follows: "That, on or before 22-2-71, Shri Mohan Prasad Ojha, a Congress Worker of Village Umri (Tehsil Guna) was threatened at pistol point by the workers of the respondent with his consent, Shri Shiv Pratap Singh and others of Umri threatened not to vote and canvass in favour of the Congress candidate, Deorao Krishnarao Jadhav and threatening with dire consequences.";