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1969 Supreme(SC) 35

J.M.SHELAT, V.BHARGAVA
AMBIKA SHARAN SINGH – Appellant
Versus
MAHANT MAHADEVA AND GIRIS – Respondent


Judgment

SHELAT, J.-This appeal is against the order of the High Court of Patna declaring the appellant s election from Barhara Assembly constituency, Bihar, void under Section 100(1) of the Representation of the People Act, XLIII of 1951.

2. At the time of the general election in February, 1967, the appellant was the Minister of State in the Finance Department of the State of Bihar. There were in all 8 candidates contesting from Barhara constituency. The poll day was Feburary 15, 1967. Having obtained 21,791 votes against 20,243 votes obtained by respondent 1 (the election petitioner), the appellant was declared elected.

3. In the election petition filed by Respondent 1 thereafter, he made a number of allegations of diverse corrupt practices giving particulars thereof in more than 10 schedules. In his written statement the appellant denied all these allegations and also filed a recriminatory petition under Section 97 of the Act. On these pleadings the High Court raised as many as 13 issues. The parties examined 292 witnesses in all besides producing documentary evidence. In an elaborate judgment, the High Court after examining the voluminous evidence led by the parties held the appel





























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