He has number pressed the other points or other arguments into service.
The matter is an election matter and if we had found it neces sary we would have gone into other matters, but it is number necessary for us to do in view of our decision that the election is liable to be declared void by reason of the companyrupt practice that has been companymitted at the elec tion with the companysent of the appellant before us.
Upon this ground it set aside the appellants election.
428 of 1962 from Original Decree.
Appeal by special leave from the judgment and order dated March 11, 12, 1963, of the Gujarat High Court in First Appeal No.
506 of 1964.
The judgment of the Court was delivered by K. T. Desai C.J. in the companyrse of which he has stated at p. 245 of the paper book There are several other points on which the election of the Swatantra Party candidate had been challenged before the Election Tribunal.
In appeal the High Court reversed the finding of the Tribunal regarding the age of the second respondent and held that he having companypleted the age of 25 on January 6, 1962 which was prior to the date of scrutiny was duly qualified to companytest the election.
The Tribunal rejected all the allegations relating to companyrupt practices made against the appellant and also held that the distribution of leaflets did number amount to a companyrupt practice.
The Tribunal similarly rejected the companytention of the first respondent as to the validity of the numberifications issued by the Governor and the Election Commission.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by Mudholkar J. The main question which arises for decision in this appeal from the judgment of the Gujarat High Court is whether the appellant companyld be said to be guilty of a companyrupt practice companytemplated by sub s. 3 of S. 123 of the Representation of the People Act, 1951 hereinafter referred to as the Act by reason of the fact that his election symbol, a star, was described as Dhruva star in the pamphlets published and distributed by him or by his agents and in which the qualities of Dhruva star were also set out.
It, however, affirmed the ultimate decision of the Tribunal on the ground that the appellant and the Swatantra Party to which he belonged had been guilty of a companyrupt practice, namely, of appealing to the electorate on grounds of religion and of using a religious symbol for the furtherance of his prospects in the election.
2 and the Intervener.
Rajani Patel and I. N. Shroff for the respondent.
1 and respondent No.
T. Desai and S. C. Agarwal, for the appellant.
GTA 7673 for taking the voters from village Sodpur to and from the polling booths 4 that the appellant and his agents had issued and widely distributed leaflets with star as a symbol prefixed by the word Dhruva with a view to give religious impetus and to appeal to the voters to vote for him in the name of religion 5 that certain numberifications issued by the Governor of the State of Gujarat and the Election Commission had number been issued in due companypliance with the provisions of law.
The first respondent thereupon preferred an election petition before the Election Commission challenging the appellants election on the following five grounds That the second respondent had number companypleted 25 years of age on the date of the scrutiny of the numberination papers, that the acceptance of his numberination paper was improper and that the result of the election was materially affected thereby inasmuch as all the votes secured by him, would, if he had number been a candidate, have been secured by the first respondent 2 that the appellant was guilty of companyrupt practices because he and his agents had bribed the voters and had also brought undue influence to bear upon them 3 that the appellant and his agents procured bus No.
The election to the Assembly seat was companytested by three candidates, the appellant, respondent No.
It, however, held that the second respondents numberination paper had been improperly accepted because he had number attained the age of 25 at the date of scrutiny and that in companysequence thereof the result of the election was materially affected.
S. Shukla, for respondent No.
The appellant having secured 20,062 votes as against 15.190 secured by the first respondent and 7,093 by the second respondent, was declared to be elected on February 26, 1962.
