A.H.KHAN, H.R.KRISHNAN
CHUNNILAL KEN – Appellant
Versus
SHYAMLAL SUKHRAM – Respondent
( 1 ) THE petitioner was a candidate for a seat of Lok-Sabha, the Parliament of India. He was, however, defeated and his rivals (it was a double constituency) Shri radha Charan Sharma and Shri Surya Prasad were elected to the seat. On being unsuccessful, the petitioner filed an election petition-before the Election commissioner of India, who appointed the District Judge, Gwalior, as an Election tribunal and the case is now pending before the said Election Tribunal. The petitioner has alleged that non-petitioner Nos. 1 and 2, are related to Shri Surya prasad, that they had had a pamphlet printed by non-petitioner No. 3, who is both the printer and proprietor of Maharashtra Press, Janakganj, Lashkar. It is stated that this pamphlet has been published to prejudice the case of the petitioner in the eyes of the Election Tribunal. It is contended that Non-petitioner nos. 1 and 2 as the author of the pamphlet, and, Non-petitioner No. 3 as its printer have committed contempt of the Election Tribunal and must therefore be punished.
( 2 ) A preliminary objection is raised by Mr. P. L. Dubey, learned counsel for Non-petitioner Nos. 1 and 2 (Non-petitioner No. 3 though served wi
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