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1972 Supreme(Pat) 33

SHAMBHU PRASAD SINGH, SHIVESHWAR PRASAD SINHA
Ambika Saran Singh – Appellant
Versus
Election Commission Of India – Respondent


Judgment

Shambhu Prasad Singh, J.

1. The petitioner contested the Barbara Assembly Constituency No. 213 of the Bihar State Legislative Assembly in the general Election held on the 15th February, 1967, and was declared elected. One of the candidates, Mahadevanand Girl, who was added as respondent No. 2 to the present application at his own instance (Vide order No. 7 dated the 9th of August, 1971), filed an election petition before this Court challenging the election of the petitioner on various grounds including commission of certain corrupt practices by the petitioner, his agents and supporters. The case was numbered as election petition 3 of 1967. It was allowed by judgment dated the 27th of June, 1968, and the election of the petitioner was declared illegal and void. This Court accepted the evidence led on behalf of Mahadevanand Giri (i) that the petitioner, his election agent as well as other agents bribed Harijan voters, (ii) that the petitioner and his agents secured votes on basis of caste appeal and (iii) that Bhu-pendra Narain Singh, Sheo Bachan Singh and R. S. Prasad of the State Commercial Taxes Department extended their helping hand to the petitioner and with his knowledg











































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