JAGDISH PRASAD TIWARI Vs. RAMDHANI MISHRA

JUDGEMENT

(1.) The respondent was the successful candidate in the election held on March 8, 1972 to the Legislative Assembly of Madhya Pradesh from Mauganj constituency. The appellant is one of the unsuccessful candidates in the election. His petition questioning the respondent's election having been dismissed by the High Court of Madhya Pradesh he has filed this appeal. The appellant was the candidate set up by the Indian National Congress Party while the respondent contested as an independent candidate. In the election the respondent secured 13,599 votes against 10,683 obtained by the appellant. It appears that in the earlier general election held in 1967 from the same constituency the respondent had contested as a Congress candidate while the petitioner was an independent candidate. In that election the appellant succeeded in defeating the respondent.

(2.) In the election petition there were allegations of many corrupt practices of which we are concerned with only one in this appeal. That relates to two leaflets under the title 'Antar Atma Ki Pukar' marked respectively as Exts. P-I and P-2. The respondent accepted his authorship of Ext. P-2. We may, therefore, set it out verbatim:'

(3.) Under Section 123 (4) of the Representation of the People Act the false statement must be in relation to the personal character or conduct of the candidate. We should here set out the offending portion in Ext. P-1: