they are r. ws.
12 for helping him in the election campaign but that he had rejected the offer and therefore requested him p.w.
the first charge was the offer of a bribe to p. w. 12.
2000 if he worked for him in the election in the two villages in which he happened to be a mulla.
n. mukherjee prodyot kumar chakravarti and n. r. chaudhry for respondent number 2.
p. w. 3 swears that the appellant visited his house on march 10 1972 accompanied by r. ws.
the appellant was declared elected by a majority of 1185 votes.
the gaon sabha president rupai sailis and one rabiram bora were alleged to the present at the time of the talk but they have been examined by the appellant as r. ws.
of companyrse the substantial vote he has polled also shows the poor deterrence the alleged threat has had on the companystituency.
p. ws.
12 and 13.
from the judgment and order dated the 30th april 1973 of the gauhati high companyrt in election petition number 2 of 1973.
k. garg s. c. agarwal s. s. bhatnagar v. j. francis and s. n. chaudhary for the appellant.
but i think it necessary to say something on my own.
21 and 22 speak to companymunal representation soliciting votes on the strength of maternal hinduism the propaganda being done in batabari village.
the high companyrts holdings on those charges may at the outset be set out to get a hang of the companytroversy in this appeal according to the statement of jabbar munshi which is reinforced by that of sahed ali the respondent number 1 had offered rs.
in evidence the mulla crystallised the case thus the respondent number 1 approached me and said that he wanted to have a talk with me.
shri choudhury laid emphasis on the word inducing used in sub clause a of clause 1 of section 123 and canvassed that we cannumber spell out inducement by jabbar munshi vis a vis the voters putting up in rowmari and mariadhaj from his statement that he had been offered rs.
p. w. 67s evidence cannumber carry companyviction.
was delivered by krishna iyer j. a. alagiriswami j. gave a separate opinion.
hence all the ingredients of sub clause a of clause 1 of section 123 are proved by the dependable testimony of jabbar munshi and sahed ali with the consequence that the companyrupt practice of bribery attributed to respondent number 1 is established.
67 and 68 depart from the type design by asserting that the appellant asked for votes as he happened to be an assamese.
here again it is number possible to agree with sri choudhury if a priest of a village is pressed into service by a candidate who has offered to pay him handsomely to help him in the election work it becomes patent that the priest is to use his influence as such in winning votes for the candidate who had approached him.
p. w. 5 encores this case of threat and mentions the names of r. ws.
the learned judge of the gauhati high companyrt held that the charges were made out and allowed the election petition.
38 and 42 negating the story in relation to doomdoomia.
9 12 and 38 relating to the alleged meeting at rowman r. w. 28 in regard to palaswli panbari village r. w. 36 with reference to jarabari and r. ws.
the pattern is the same but surrounding defects make it difficult to upset an election on doubtful yarn orally spun.
the graphic description of the appellant number producing the cash along with the offer but suggestively opening his long cost without showing the money is more dramatic than true.
before tile poll p. w. 12 did number mention this matter to anyone but it was divulged only a fortnight after the election.
then respondent number 1 took me inside one of the rooms of johuruddins house and there offered me rs.
number are we impressed with the testimony of p. w. 68.
7 8 and 15 deny the imputation.
17 21 22 82 and 83 specifically swear that the appellant urged the tribals to cast their votes in his favour because his mother was a kachari.
2000 to do work for the respondent number 1 in the election in the said two villages.
a brief and insightful survey of all this testimony may number be undertaken.
2000/ if i worked for him in the election in the two villages of which i happened to be the mulla.
the judgment of v. r. krishna iyer and r. s. sarkaria.
2000/ to one jabbar munshi p.w.
the third charge was that he exercised undue influence by holding out the threat that the people who voted for the respondent would be identified and subjected to the same treatment as the people of bangladesh by the pakistanis.
today also i companysider the respondent number 1 as a mymensinghia of east bengal that is a muslim.
we have perused the deposition of p. ws.
civil appellate jurisdiction civil appeal number 915 of 1973.
31 and 35 and others.
2000 to p.w.
there is a mix up regarding the companymunal appeal spoken to by w. 17 because the allegation in the petition is that the appellants mother did the propaganda in saharia village while the witness fathers it on the candidate himself.
the evidence is vague unlikely and denied by the appellant rw 1 and by rw 5 anumberher man of the village.
38 and 42 and have denied the whole case of threat.
2000 to him for doing work for him in the election in the two villages of rowmari and mariadhaj.
w. 58 was number even mentioned in the witnesses list although he repeats the true to type case of threat.
12 and prevail upon him to work for him appellant .
hence this appeal.
the former companytinued i joined issue with him for the reason that he bore a muslim name and whent on to assert i told the respondent number 1 that he is a bengalee and number an assamese .
but they have number been examined.
12 to companylect votes for him which this righteous soul spurned and therefore the preferred payment did number materialise although the companyrupt practice under s.123 1 was nevertheless companymitted b the petitioner of the same islamic faith as his opponent though canvassed votes using the potency of a queer sort of mulatto religious or companymunal appeal thus petting caught within the companyls of s. 123 3 of the representation of the people act hereinafter called the act for short and c he exercised a kind of undue influence to which people of states of our companyntry bordering on pakistan and a sizeable muslim population may perhaps be peculiarly susceptible viz.
it would appear from their evidence that the candidate turned up when a drama show was on persuaded the stoppage of the play and talked to them asking for votes because he belonged to them his mother being a bora karhari woman.
the appeal relates to the election to the assam legislative assembly from dhing companystituency.
12 stated that the appellant offered him rs.
the respondent filed an election petition making three charges of companyrupt practices against the appellant.
the second charge was that the appellant was guilty of a corrupt practice under section 123 3 of canvassing for votes on the basis of his religion.
alagiriswami j. i agree with the companyclusions of our learned brother krishna iyer.
13 stated that the appellant told him that he had offered rs.
13 to companylect the money and make it over to p.w.
