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1976 Supreme(SC) 9

A.C.GUPTA, V.R.KRISHNA IYER, Y.V.CHANDRACHUD
Bansidhar Prashar – Appellant
Versus
Shaligram Srivastava – Respondent


Advocates:
G.L.SANGHI, K.C.DUA, R.N.Bhalgoha, S.K.DHINGRA, S.K.JAIN, S.S.Khanduja, V.P.NANDA

JUDGMENT

CHANDRACHUD, J. :—In the elections held to the Madhya Pradesh Legislative Assembly in 1972, respondent 1 who contested as an independent candidate defeated the appellant, a Congress (R) candidate, by a margin of 2600 votes. The appellant filed an election petition challenging the election of respondent 1 but that petition was dismissed by the Madhya Pradesh High Court by a judgment dated July 3, 1973. This appeal is directed against that judgment.

2. The High Court framed 19 effective issues out of which issues 1 to 7 and 10 to 14 are pressed before us. In so far as relevant, the appellant challenged respondent 1 s election on the following grounds :

(1) That in a meeting held on March 2, 1972 which was largely attended by voters belonging to the Harijan and Muslim communities, respondent 1 made a speech assailing the personal character of the appellant in regard, particularly, to his attitude to the Harijans.

(2) That immediately after respondent 1 finished his speech in the aforesaid meeting, his agents and supporters distributed a booklet called Atma Ki Pukar which contained aspersions against the personal character of the appellant.

(3) That on the 3rd and 6th March, 197




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