Judgement

GAJENDRAGADKAR, C.J.I.: This short question which arises in this appeal is whether the Election Tribunal, Lucknow, and the High Court of Judicature at Allahabad, Lucknow Bench, were right in holding that the election of the appellant Mahadeo was invalid under S. 100 (1) (d) (iv) of the Representation of the People Act, 1951 (No. 43 of 1951) (hereinafter called the Act). The facts leading to this point are not many, and there is no dispute about them. At the General Elections of 1962, for the U. P. Legislative Assembly seat in Constituency No. 133 in Mijhaura, District Faizabad, 6 persons offered themselves as candidates. The appellant was one of them, and in fact, as a result of the election, he was duly declared to have been elected. Respondent No. 1. Udai Pratap Singh was another candidate. The appellant received 17,688 votes, whereas respondent No. 1 received 10,985 votes. There were 4 other candidates besides these two, but we are not concerned with them in the present appeal. Respondent No. 1 challenged the validity of the appellant s election by filing an election petition in that behalf before the Election Tribunal, Lucknow. It appears that the election symbol of the appellant was scales (Tarazu), whereas that of respondent No. 1 was lamp (Deepak). In his petition, respondent No. 1 alleged that his real name is Udai Pratap Singh and not Udai Bhan Pratap Singh. His real name had been recorded in the electoral roll and had been mentioned as such in his nomination paper. Even so, in the ballot paper issued on the occasion of the election, his name was printed as Udai Bhan Pratap Singh; and that, according to him, virtually eliminated him from the contest, because the constituency did not know that he was standing for election.

2. In support of his case that by the improper description of his name on the ballot papers the whole election had become invalid, respondent No. 1 pleaded that as a result of the infirmity in the ballot papers, his opponents spread news throughout the constituency that he had withdrawn from the election. The failure of the ballot papers to print his name correctly and accurately had materially prejudiced the prospects of respondent No. 1 to secure the votes of all his supporters, and that had made the election invalid. As a result of the rumour deliberately spread by his opponents that he had withdrawn from the election, many of the voters did not go to the polling booth. It is on these grounds that respondent No. 1 wanted to challenge the validity of the appellant s election.

3. These allegations were denied by the appellant. He urged that the mistake in the printing of the name of respondent No. 1 on the ballot papers amounted to no more than mis-description of his name, and that at the time of the election, everyone knew that the name Udai Bhan Pratap Singh really referred to respondent No. 1 and no one else. The appellant seriously disputed the allegation made by respondent No. 1 that a rumour had been spread at the time of the election that respondent No. 1 had withdrawn from the election, and he contended that the allegation of respondent No. 1 in that behalf was completely untrue. He also disputed the case made out by respondent No. 1 that a large number of voters did not go to the polls because of the said rumour.

4. The Election Tribunal considered the evidence led by both the parties and held that the specific case made out by respondent No. 1 about the rumour spread by the opponents of respondent No. 1 that he had withdrawn from the election, had not been proved. Consequently, the further allegation made by respondent No. 1 that many of his supporters did not attend the polling booth because they thought that he had withdrawn from the election, also was rejected. This finding has been confirmed by the High Court, so that this part of respondent No. 1 s case does not fall to be considered by us.

5. The Election Tribunal, however, held that the mistake in the printing of the name of re