T.P.NAIK, K.L.PANDEY
SARLA DEVI, DWARKAPRASAD – Appellant
Versus
BIRENDRASINGH, BENI SINGH – Respondent
( 1 ) THIS is on appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referr- ed to as the Act) against the order of the Election Tribunal, Jabalpur, dated 11th August, 1958, setting aside the election of the appellant, Smt. Sarla Devi Pathak, to the State Legislative Assembly of Madhya Pradesh on the ground that she was guilty of the corrupt practice of bribery as defined in Section 123 (1) (b) of the Act
( 2 ) THE particulars of the corrupt practice, as alleged in the election petition, were as follows:
"that on 19-2-1957 Shri Maganlal Bagdi and Shrimati Sarla Devi Pathak went to village Singhpur, tahsil Narsimhapur, and addressed a public meeting there. The villagers and voters of Singhpur, i. e. , Madhoprasad son of Sivo Bux Swamy, (2) Mangal son of Bootha, (3) Charkha son of Jeevan, (4) Chidami son of Kharge, and (5) Jawahardas, demanded that they need a well as there is dearth of water supply, particularly for Harijans. Shri Bagdi with several villagers and voters, i. e. , (1) Madhoprasad son of Sivo Bux Swamy, (2) Mangal son of Bootha, (3) Charkha son of Jeevan, (4) Chhidarm son of Kharge, and (5) Jawahardas, selected a site for
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