V.BHARGAVA, I.D.DUA, J.M.SHELAT
Mangi Lal – Appellant
Versus
K. R. Pawar – Respondent
Judgment
DUA, J.: - Mangi Lal Joshi has appealed to this Court under Section l16-A of the Representation of the People Act 43 of 1951 (hereinafter called the Act ) from the judgment and order of the Madhya Pradesh High Court (Indore Bench) dismissing his election petition under Section 81 of the Act challenging the election of respondent No. 1 Krishnaji Rao Pawar, an ex-Ruler of the erstwhile Dewas Senior State, to the Legislative Assembly of Madhya Pradesh from the General Dewas Assembly Constituency No. 256 in the bye-election held in June 1968. This seat had fallen vacant on account of the death of Shri Hattesing, the successful candidate from this constituency in the General Elections held in February 1967. The appellant had contested the election on the ticket of the Indian National Congress whereas respondent No. 1 had contested it as an independent candidate. The charges on which the appellant s learned counsel has concentrated before us relate to :-
(i) the alleged corrupt practice of publication of false statements relating to the personal character and conduct of the appellant;
(ii) the incurring of election expenses in excess of the prescribed limit; and
(iii) the alleged
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