- (1.) Election in the Lok Sabha Constituency No. 68 Farrukhabad took place as part of the General Elections in Nov./Dec. 1984. Last date for filing nomination was Nov. 27, 1984. The scrutiny took place on 28th Nov. Withdrawal could be had up to 30th Nov. Poll took place on Dec. 24, 1984 followed by counting on Dec. 28 and 29th. The respondent was declared elected defeating the thirteen rival candidates including the petitioner. The respondent secured 2,36,892 votes; the votes obtained by the petitioner were 1177. The petitioner has filed this petition challenging the election of the respondent on grounds stated in paras 5 of the petition as under :- (A) Because the result of the election, in so far as it concerns the respondent, has been materially affected by the non-compliance with the provisions of Ss.33 and 36 of the Representation of the People Act, 1951 and the conduct of Election Rules. The material facts and particulars regarding this ground are mentioned in this petition later on. (B) Because the respondent, and with his consent his agents and workers, committed the corrupt practice and undue influence within the meaning of S.123(2) of the Representation of the People Act 1951. Material facts and necessary particulars in respect of this corrupt practice are mentioned subsequently in this petition. (C) Because the respondent himself and his agents and workers, with the consent of the respondent, committed the corrupt practice under S.123(4) of the Representation of the People Act, 1951 in as much as the respondent, and his agents and workers with his consent, published statements of facts which were false and which the respondent, and also his agents and workers, believed to be false and did not believe to be true, in relation to the personal character and conduct of the petitioner as also in relation to the petitioners candidature, such statements being reasonably calculated to prejudice the prospects of the petitioner's election. Material facts and necessary particulars in respect of this corrupt practice are mentioned subsequently in this petition. (D) Because the respondent himself, and his agents and workers with his consent, obtained and procured, as also attempted to obtain and procure, assistance, for furtherance of the prospects of the respondent's election, from gazetted officers in the service of the Government and also from members of the Police force. Material facts and necessary particulars in respect of this corrupt practice are mentioned subsequently in this petition.
(2.) For the returned candidate there is application filed under S.86 of the Representation of the People Act, 1951 which the petitioner resists.
(3.) I have heard counsel for the parties and perused the record.;