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1969 Supreme(SC) 100

S.M.SIKRI, K.S.HEGDE, R.S.BACHAWAT
H. V. Kamath – Appellant
Versus
Nitiraj Singh – Respondent


Advocates:
For the Petitioner:Mr. M. A. Qayoom, Adv., Mr. Shafqat Nazir, Advocate.
For the Respondent:Mr. N. H. Shah, AAG, Mr. S. A. Naik, AAG, Mr. Mir Suhail, Advocate.

Judgment

BACHAWAT, J.: This appeal is directed against the judgment of a Single Judge of the High Court of Madhya Pradesh dismissing an election petition for setting aside the election of the respondent Chaudhury Nitiraj Singh to the Hoshangabad Parliamentary Constituency No.27. The appellant was the Praja Socialist Party candidate with the election symbol "hut". The respondent was the Congress Party Candidate with the election symbol "Two bullocks with yoke on". The voting took place on February 20, 1967. The votes were counted on February 21 and February 22, 1967. The respondent having got a majority of about 20,000 votes was declared duly elected. The petition charged the respondent with several corrupt practices. The appellant now presses before us only the charge under paragraph 5 (i), (ii), (iii) and (iv), paragraph 5 (v), paragraph 6 and paragraph 7 (ii).

2. At the time of the election, the Congress Party, was in power and the Chief Minister Shri D. P. Mishra belonged to the Congress Party. In November 1966 the respondent was nominated by the Congress Party as its candidate for the Hoshangabad Parliamentary Constituency. The substance of the charge as made in paragraph 5 (i),






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