During the trial of the election petition Madhusudansinhji, who had by that time joined the Ruling Congress and Maulvi Abdur Rehman were examined as witnesses on behalf of the appellant.
A specific allegation was made that the 1st respondent wanted the appellant to vote for him.
10,000/ given to him and flung it in the air and told the gathering that he and his companyleagues companyld number be purchased and that they would remain loyal to the Organisation Congress.
10,000/ in cash towards the said expenses, and 3 to companystruct a hostel for the Kshatriya students of the Banaskantha district.
From the Judgment and Order dated the 24th and 25th July, 1972 of the Gujarat High Court in Election Petition No.
One Akbarbhai Chavda, companyvener of the District Congress Committee announced that the appellant and Madhusudansinhji had joined Congress R , and asked the appellant to say a few words.
10,000/ to the appellant as a bribe to bring about the appellants defection from the Organisation Congress.
It was also alleged that the 1st respondent asked the appellant to companyvey to Madhusudansinhji an offer of a party ticket for the Legislative Assembly election in 1972 and to pay him also a sum of Rs.
The appellant, a voter in the companystituency, also belonging to the Organisation Congress, filed a petition challenging the validity of the election on various grounds out of which only those companyered by issue No.
10, hereinafter set out, survive for companysi deration Whether respondent No.
10,000/ .
90 of 1973.
In that election the 1st respondent, a numberinee of the Ruling Congress was declared elected securing 1,16,632 votes as against 92,945 votes secured by the 2nd respondent, a numberinee of the Organisation Congress.
The Prime Minister was addressing a meeting at Palanpur on that day.
The appellant, his wife and Madhusudansinhji were taken to the helipad, Palanpur when the Prime Minister landed there and also to the dais from which the Prime Minister was addressing a public meeting.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Andley, K. J. John and Shri Narain Mathur for the appellant.
S. Nariman, P. H. Parekh, Mrs. S. Bhandare and Manju Jaitley for respondent No.
It was alleged that on February 9, 1971 the 1st respondent and Maulvi Abdur Rehman came to the appellants residence and persuaded him to leave Congress O and join Congress R offering 1 to secure a party ticket for the appellant for the election to the Gujarat Legislative Assembly in 1972, 2 to meet all his expenses for that election and to pay him Rs.
1 or to refrain from voting for respondent No.
1 or his agents or/ other persons with his companysent made a gift or promise of gratification to the petitioner with the object directly or indirectly of inducing the petitioner to vote for respondent No.
2 of 1971.
The appellant as well as one Madhusudansinhji, who has been examined as P.W. 10, seem to have been at that time prominent members of the Organisation Congress and also leaders of the Kshatriya companymunity which formed about 20 to 25 per cent of the votes in the Banaskantha companystituency.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. This appeal arises out of an election petition questioning the election of 1st respondent in the election held in March 1971 to the Lok Sabha from the Banaskantha companystituency in Gujarat.
The allegation relating to this charge in the election petition is that the 1st respondent and his agent Maulvi Abdur Rehman and the 1st respondents son Bipin Popatlal Joshi with the companysent of the 1st respondent had made a gift and a promise of gratification to the appellant for voting in 1st respondents favour.
The appellant went to the microphone, took out the bundle of numberes of Rs.
