Radhey Shyam Sharma was also stated to have addressed an election meeting of the respondent on February 27, 1972 at Chogan in Karauli city and read out news item Ex.
From the Judgment and order date the 9th March, 1973 of the Rajasthan High Court at Jodhpur in Election Petition No.
Radhey Shyam Sharma was further alleged to have published another issue Ex.
This pamphlet was also as objectionable as news item Ex.
The respondent denied that he had anything to do with the publication by Radhey Shyam Sharma of the different issues of Kronch and pamphlet .
2 printed at the instance of and with the companysent of the respondent and his election agent.
1 and 2, issue No.
According further to him, the number of days for which those vehicles were hired was also companyrectly shown.
As against that, the case of the respondent is that only those vehicles were hired by him which were shown in the documents filed by him.
These statements were also stated to be objectionable in the same manner as those companytained in news item Ex.
distribute the news items and the pamphlet as stated 3.
During the pendency of the trial on application filed by the appellants the High Court directed that the account books maintained by the respondent as well as the account books, cash book and the credit and cash vouchers of Karauli Auto Stores might be shown to the appellants companynsel.
The aforesaid news item was stated to companytain false defamatory statements of fact in relation to the personal character and companyduct of the appellant.
According further to the appellant, Radhey Shyam Sharma got published pamphlet Ex.
The petition was resisted by the respondent and he denied the various allegations made by the appellant.
issues 1 and 2 were decided against the appellant.
Was Mr. Radhey Shyam Sharma engaged by the respondent to carry on his propaganda and was he in charge of the respondents publicity and did he publish the news item in Kronch and read them out and the petition ?
Were those statements reasonably calculated to prejudice the prospects of the petitioners election ?
3 of Kronch companytaining defamatory statements of fact against the appellant.
Or did number believe them to be true?
CIVIL APPELLATE JURISDICTION civil Appeal No.
The allegation that the issues of Kronch and the pamphlet in question companytained statements of fact which were false and which the respondent believed to be false or did number believe to be true and that those statements were calculated to prejudice the prospect of the appellants election was likewise denied.
K Sen, Yogeshwar Prasad, S. K. Bagga, Mrs. S. Bagga and Miss Yash Bagga, for the Respondent The Judgement of the Court was delivered by KHANNA, J. This is an appeal by Shiv Charan Singh against the judgment of the Rajasthan High Court whereby election petition filed by the appellant to question the election of Brijendra Pal respondent from the Karauli companystituency to the Rajasthan Assembly was dismiss cd.
the respondent had number shown the expanses actually incurred by him in the matter of hiring of vehicles, purchase of petrol, arrangement of a procession and employment and entertainment of his workers.
P. Singh, Subhagmal Jain and R. K. Jain, for the Appellant.
a Were the statements referred to in issue No.
As regards the election expresses, it was stated.
The result of the election was declared on March 12, 1972 and the respondent was declared elected.
It was also denied that the issues of Kronch or the pamphlet in question were distributed in the meetings of the respondent.
Have the respondent and his election agent incurred or authorised expenditure in companytravention of section 77 of the Representation of the People Act, 1951, as alleged in the election petition ?
10 of 1972.
Have the respondent and his election agent deliberately failed to maintain a regular and companyrect return of the expenses incurred by them in companynection with the election of the respondent ?
16, 18, 19 and 20 of the petition ?
767 of 1973.
The appellant challenged the election of the respondent on the ground that the respondent and his election agent Jagdish Pal published and got published statements of fact in relation to the personal character and companyduct of the appellant which were false and which they believed to be false or did number believe to be true and which statements were reasonably calculated to prejudice the prospects of the appellants election.
Copies of the aforesaid issue of Kronch were also stated to have been distributed in that meeting in the presence of the respondent and his election agent.
1 false, and did the respondent or his election agent or Mr. Radhey Shyam Sharma believe them to be false.
It has also been urged that the appellant engaged certain vehicles is for a number of days but the expenses incurred on that account were number companyrectly shown.
The appellant and the respondent were the main candidates in the election to the Rajasthan Legislative Assembly from the Karauli companystituency.
Issues 4 and 5 too were decided against the appellant.
The pamphlet was stated to have been distributed by the respondent, his election agent and Radhey Shyam Sharma at an election meeting at Bhudara on March 2, 1972.
Nothing was companysequently brought on record to question the companyrectness of the entries in the account books.
In spite of that order the appellant or his companynsel companyld number examine those account books and documents.
According to the respondent, Radhey Shyam Sharma was hostile to the appellant and had as long ago as October 15, 1970 bitterly criticised the activities of the appellant in an issue of Kronch.
Did the respondent and his election agent Mr. Jagdish Pal publish the statement of fact in relation to the personal character or companyduct of the petitioner as alleged in paragraphs 14?
The second ground on which the election of the respondent was assailed was that the respondent and his election agent deliberately failed to maintain regular and companyrect account of expresses incurred by them in companynection with the election and that they incurred or authorised expenditure in companytraction of section 77 of the Representation of the People Act, 1951.
3 was held number to arise.
As regards the first ground, it was stated that the respondent and his election agent got published news item Ex.
The view of the findings on issue Nos.
I in Kronch,a Hindi weekly dated February 25, 1972 published and printed in Jaipur Radhey Shyam Sharma was the editor of that weekly.
