Dewas.
He further admitted that Lal Singh was a mill worker in the Dewas Standard Mill and was also a representative of the Indian National Trade Union Congress of Dewas.
Ghorpade of Dewas, in the companyrse of their speeches, made statements relating to the personal character and companyduct of the petitioner appellant which were false and which the speakers and the returned candidate either believed to be false or did number believe to be true and those statements were reasonably calculated to prejudice the petitioner appellants prospects of election.
1 of 1968.
A certified companyy of that companyplaint Exhibit D. I was also placed on the record.
The appellant Mangi Lal in his cross examination as P.W. 32 admitted that this companyplaint dated July 27, 1965, had been filed against him which was pending at the time of the bye election in question and that a charge had also been framed in that case on August 22, 1968 Ext.
52 of 1965 in the Court of Additional Magistrate Jud. ,
The Judgment of the Court was delivered by Dua J. Mangi Lai Joshi has appealed to this Court under s. 116 A of the Representation of the People Act 43 of 1951 hereinafter called the Act from the judgment and order of the Madhya Pradesh High Court Indore Bench dismissing his election petition under s. 81 of the Act challenging the election of respondent No.
for V. S. Desai, A. M. Mathur, Bhim Singh and S. K. Gambhir, resnondent number 1.
It was averred in that sub para that at a public meeting held at about 8, P.M. on June 13, 1968, at Jawahar Chowk at which the returned candidate was present, Abdul Rehman Talib of Dewas, Kanhaiyasingh Thakur of Dewas, Kr.
The charges on which the appellants learned companynsel has companycentrated before us relate to the alleaed companyrupt practice of publication of false statements relating to the personal character and companyduct of the appellant the incurring of election expenses in excess of the prescribed limit and the alleged disqualifications of the respondent on the ground that he had a subsisting companytract with the State within the companytemplation of s. 9A of the Act.
P. 1 and P. 2 have number been shown to be an additional expenditure and number companyered by the election expenses return filed by Shri Krishnaji Rao Pawar R.W. 17 .
256 in the bye election held in June 1968.
Abdul Rahman Talib was alleged to have said No votes should be given to such Congress Candidate who has misappropriated the money.
1 bad companytested it as an independent candidate.
The appellant had companytested the election on the ticket of the Indian National Congress whereas respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
in the Ranchandi dated June 16, 1968 Ext.
M. Singhvi, U. N. Bachawat, Sobhagmal Jain and S. K. Dhitngra, for the appellant.
The charge of bribery pressed in the High Court was number reagitated in this appeal.
5 and the relevant sub issues of Issue No.
I Krishnaji Rao Pawar, an Ex Ruler of the erstwhile Dewas Senior State, to the Legislative Assembly of Madhya Pradesh from the General Dewas Assembly Constituency No.
5 companyer the plea companytained in para, 13 b i of the election petition.
Arguments on this point were companyfined to sub issues a , b , c , d , e , f a of Issue No.
Virendrasingh, Deputy Minister of Labour, Government of Madhya Pradesh and Khasherao.
This seat had fallen vacant on account of the death of Shri Hattesing, the successful candidate from this companystituency in the General Elections held in February 1967.
1229 of 1970.
The aforesaid sub issues of Issue No.
Lal Singh appeared as R. W. 13 and proved that companyplaint and also a part of his statement dated April 12, 1968 made in the Court of the Magistrate.
Appeal under s. 116 A of the Representation of the People Act, 1951 from the judgment and order dated March 27, 1970 of the Madhya Pradesh High Court, Indore Bench in Election Petition No.
