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1966 Supreme(SC) 199

G.K.MITTER, J.M.SHELAT, K.N.WANCHOO
Har Swarup – Appellant
Versus
Brij Bhushan Saran – Respondent


Advocates:
K.K.JAIN, NAUNIT LAL, Veda Vyasa

Judgment

WANCHOO, J. : This appeal on a certificate granted by the Allahabad High Court raises the question of interpretation of Section 82 (b) of the Representation of the People Act, No. 43 of 1951, (hereinafter referred to as the Act). The facts necessary for present purposes are these. In the election to the U. P. Legislative Assembly from Dehra Dun City constituency in 1962, Brij Bhushan Saran respondent was one of the candidates and was declared elected. One Raturi Vaid was another candidate at the same election. He however withdrew his candidature within the time fixed for withdrawal. He belonged to the same party as the returned candidate and worked for him. After the election, an election petition was filed by two electors praying that the election of Brij Bhushan Saran be set aside, and one of the grounds with which alone we are concerned in the present appeal was that Raturi Vaid had threatened an elector after the date of his withdrawal from the candidature that the elector s bones would be broken if he did not cast his vote for Brij Bhushan Saran and also did not work for him and persuade others to vote for him. The Election Tribunal held that this amounted to a corrupt

















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