Judgement

BOSE J. : The Election Tribunal of Gorakhpur has declared the election of the appellant Hari Shanker void under S. 100(2) Representation of the People Act, 1950 (XLIII of 1950) because of major corrupt practices within the meaning of S. 123(8).

2. The allegation in the petition is that the appellant engaged the services of a very large number of persons who were serving under the Government of the State of Uttar Pradesh. The Tribunal has examined each separate allegation in detail but it will not be necessary for us to do that as one case will suffice.

Among the many persons said to have been engaged as polling agents and canvassers is one Mangal Das. He is a Mukhia. The Tribunal holds that he not only acted as a polling agent but also canvassed. Mr. Chatterji contended on behalf of the appellant that was not the finding but we are clear that it is.

3. The Chairman and Shri Sukhdeo Prasad first say

"Ram Chander Prasad has.... stated on oath that he had seen Mangal Das Mukhia actually canvassing for respondent 1 (appellant here) at Rajmandi polling station on the polling day."

Later they say -

"Sri Diryodhan Parsad (P. W. 3) actually saw Mangal Das,... Mukhia of Jarrar canvassing