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1990 Supreme(SC) 85

M.H.KANIA, R.M.SAHAI
Lalit Kishore Chaturvedi – Appellant
Versus
Jagdishprasadthada – Respondent


Advocates:
J.S.RASTOGI, MANJU CHOPRA, N.M.GHATATE, PRATIBHA JAIN, S.K.JAIN, S.V.DESHPANDEY, SHIV SHARMA

JUDGMENT

R. M. SAHAI, J. :- Election of appellant to the Rajasthan State Assembly from constituency Kota was invalidated by the High Court for being guilty of corrupt practice within the meaning of sub-sections (2) and (4) of S. 123 of Representation of the People Act of 1951, (hereinafter referred to as the Act).

2. Basis for it was only a leaflet got printed by the appellant, the English translation of which is extracted below:

"Kachi Bastis shall be erased to the ground by buldozers.

"Threat by Shanti Dhariwal" Congress in its true colours. Posing as so-called benefactor of weak and downtrodden poor people, the Congress has come in its true colours.

Shanti Dhariwal threatened the Kanchi Basti people in Anantpura on 1-3-1985. That "Kachi Bastiwalo you have to cast your vote to Congress in the Assembly elections also as in the Lok Sabha elections. In case Jagdish Thade looses then I shall get the Kachi Basties bulldozed. I shall see your houses shall be razed to the ground."

You recognise their true faces. They are wolf in the skin of Jackals. They have started showing their blood soaked hands and blood thirsty jaws. The grip of Congress is tightening around your neck.

You have to ponder



















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