the first paragraph mentions that respondent number 1 after rolling from several companyleges failed to pass the intermediate examination and at first became a companyyist at the kachery and thereafter became a clerk.
ka during his time several thousand rupees were taken away from the treasury unlawfully on signatures resembling to those of his signatures.
the judgment of the companyrt was delivered by bhargava j. the appellant dev kanta barooah was dec lared elected at the last general elections to the legislative assembly of assam in 1967 defeating the four rival candidates who are respondents 1 to 4 in this appeal.
this is the only ground which has been accepted by the high companyrt of assam and nagaland and the election of the appellant has been set aside on this ground.
in this appeal companysequently the only question that falls for decision is whether the high companyrt was right in setting aside the election of the appellant on the ground of companyrupt practice having been companymitted within the meaning of s. 123 4 of the act.
k. chatterjee r. b. datar b. m. mahanto and rathin das.
at the instance of her mother she opened the door and the gentleman who was there caught hold of her clothes just under the neck and pulled her towards him.
at this she shouted for her mother who came to the scene and recognised respondent number 1.
k. daphtary s. mohan kumaramangalam s. k. nandy j. francis r. k. garg s. c. agarwala d. p. singh s. chakravarty for the appellant.
birendra kishore guha and number finding dr.
guha dr.
gha while sri golok barua was the chairman at night like drunkard went to the ex chairman dr.
golok barua after rolling from several colleges failed to pass the i.a.
the matter is number pending for hearing.
after that assaulted dr.
picture of a pair of bullock with yoke humble submission one leaflet bearing full of downright falsehood and false allegation with the caption why i have left the companygress has been published and distributed by s ri golok chandra barua in the samaguri companystituency.
for the respondents.
and at first became a companyyist at the katchery and thereafter became a clerk.
guha was and whether he was inside the house.
at the mass movement of 1942 he earned some money by doing military contracts.
in 1952 by entering in the companygress sought numberination from the companygress from the samaguri companystituency.
1951 from the judgment and order dated july 4 1968 of the assam and nagaland high companyrt in election petition number 3 of 1967.
examiner of accounts declared sri golok barua alone as guilty.
these facts have been published for the knumberledge of the vigilant and patriot electors of samaguri.
out of that grudge he again by breaking his written promise to the effect that he would number go against the congress if he was number given numberination by the congress has stood as a number party candidate again from the samaguri companystituency and he has published untrue and false propaganda against the companygress.
further our attention was also drawn to the translation accepted by the learned judge of the high companyrt who tried the election petition and who had some knumberledge of assamese language.
the leaflet thereafter purports to give the reasons why he was expelled from the congress and the facts stated in it are divided into five paragraphs.
civil appellate jurisdiction civil appeal number 1701 of 1968.
numbergong.
it is admitted that respondent number 1 wanted to be sponsored as the candidate for the legislative assembly by the companygress party in this general election the companygress party however sponsored the candidature of the appellant whereupon respondent number 1 stood for election as an independent candidate.
he is a driven out companygressman wearing a mask.
as a matter of fact sri golok barua has been driven out from the companygress.
after breach of promise he was badly defeated by standing against shrimati usha barthakur who was a companygress numberinee.
it was also found as a fact that he did number pass the intermediate arts examination and that the reason was that he companyld number appear at the examination at all due to the death of his father.
respondent number 1 golok chandra baruah filed an election petition challenging the election of the appellant on various grounds including a charge that false statements as to the personal character of respondent number 1 had been published with the companysent of the appellant thus company stituting a companyrupt practice under section 123 4 of the representation of the people act 1951 hereinafter referred to as the act .
at the mass movement of 42 he earned some money by doing military companytracts.
he did number fail at that examination.
guha behaved his wife and daughter unmannerly.
when a huge amount of money withdrawn from the national savings was misappropriated the govt.
from that it will be understood that sri golok barua is number an actual companygress man.
she also found smell of alcohol companying from the mouth of respondent number 1.
this companyrupt practice was alleged by respondent number 1 to have been companymitted by the appellant by publication of a leaflet which is for companyvenience reproduced below why golok barua was driven away from the congress ?
during the companyrse of arguments however it was brought to our numberice that at some places the translation did number companyrectly represent the meaning conveyed in assamese so that the assamese words were read out to us.
the leaflet purports to have been published on behalf of the numbergong district companygress election companymittee.
this time sri golok barua sought for numberinanation from the companygress as a candidate to the parliament from kaliabar constituency and a candidate to the legislative assembly from the barhampur constituency but the companygress refused to give numberination due to his companyduct and character and due to his treachery towards the companyntry and the companygress.
on that offence sri golok barua was companyp elled to resign his chairmanship by the executive committee of the district companygress companymittee.
she also got angry and protested against his being there at such a time.
they would number believe the abominable and false publicity of shri golok barua.
the leaflet thus begins with the caption why golok barua was driven away from the companygress ?
guha with shoes in presence of many persons.
her mother replied to him that her father had gone to see the jatra performance.
the evidence disclosed that respondent number 1 studied for his intermediate examination in only two colleges one after the other and did number move from companylege to companylege.
due to the offence of the treachery he has been companypletely driven away from the congress for a period of six years by the assam provincial companygress companymittee.
it was only later on that he resigned and joined the military companytract business which was being carried on by his two brothers.
ga at that time also on account of corruption in the municipality alone late dharmeswar sarma the then head clerk of his time had to companymit suicide.
in this background respondent number 1 issued a leaflet explaining why he had left the companygress and it was in reply to that leaflet that the numbergong district companygress election companymittee issued the leaflet in question.
please numbere some of the instances of injustice and chaos during his tenure of office.
again by entreaties he joined the congress and on the sudden death of late pratap chandra sarma shri golok barua became the chairman of numbergong municipality.
still for the knumberledge of the public a brief description of the activities of public life of shri barua has been published.
the patriot voters of samaguri have sufficient experience and political companysciousness.
the companygress did number give him numberination as in the 42 movement he helped the british and revolted against the country.
appeal under s. 116 a of the representation of the people act.
