9911796707
TMI Blog1975 (8) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... een Madahavlal Dube respondent No. 1 and Dr. Ratanchand Mangalchand Sanghvi respondent No. 2. Respondent No. 1 was declared elected. The appellant, who was an elector in the above mentioned constitutency, filed election petition to challenge the election of respondent No. 1 on the various grounds. It is not necessary to set out all the grounds because in appeal before us only one ground which is the subject-matter of issue No. 10 has been pressed on behalf of the appellant. The allegation which gave rise to issue No. 10 was contained in para 13 of the election petition. The petition was, however ordered to be amended because it did not contain full particulars. The allegation with particulars was thereafter contained in para 13 of the amend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce was also made to some other shady and unethical activities in which respondent No. 2 was stated to be indulging. 4. Respondent No. 1 in his written statement denied that he, his agents or any other person with his consent had got published and circulated the leaflet in question. It has also denied by respondent No. 1, that he had drafted the aforesaid leaflet. According to respondent No. 1, he had no connection with that leaflet and he was unable to make any statement about the truth or falsity of its contents. It was denied that the said leaflet was widely circulated and distributed through the constituency. The allegation that the leaflet was calculated to prejudice the election prospects of respondents No. 2 too was denied. Likewis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for challenging the election of respondent No. 1 under Section 100(1) of the R.P. Act, 1951 ? 5. The High Court decided issues Nos. 10(a) and (b) against the appellant on the ground that no evidence had been led by him in this behalf. On issue No. 10(c), it was held, that though the material contained in leaflet P-4 related to the personal character and conduct of respondent No. 2 the appellant had failed to prove that its contents were false to the knowledge of respondent No. 1 or that he did not believe them to be true. No corrupt practice as defined in Section 123(4) of the Representation of the People Act was held to have been proved. Issue Nos. 10(d) and (e) were held to be of no consequence in view of the fact that it was not pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esent caser is not covered by those clauses. In order to bring his case within the purview of clause (a) of Section 65, the appellant filed applications on July 4, 1973, before respondent No. 1 was examined as a witness praying that the said respondent be ordered to produce the original manuscript of which according to the appellant he had filed photostat copy. Prayer was also made by the appellant that in case respondent No. 1 denied that the said manuscript had been written by him, the photostat copy might be got examined from a handwriting expert. The appellant also filed affidavit in support of his applications. It was however, nowhere stated in the affidavit that the original document of which the photostat copy had been filed by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 1 believed them to be false or did not believe them to be true. As such, no corrupt practice as defined in Section 123(4) of the Representation of the People Act, 1951 was held to have been proved. A corrupt practice, according to Section 123(4), consists of the publication by a candidate or his agent or by any other person, with the consent of a candidate or his election agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election. Apart from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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