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1980 Supreme(MP) 248

J.S.VERMA
PURUSHOTTAMLAL KAUSHIK – Appellant
Versus
VIDYACHARAN SHUKLA – Respondent


Advocates Appeared:
K.S.Wadhwa, P.M.AGRAWAL, Rajendra Singh, Y.S.DHARMADHIKARI

J. S. VERMA, J.

( 1 ) THE petitioner Purshottamlal Kaushik and the respondent Vidya Charan shukla were two of the contesting candidates in the last Lok Sabha general elections held in January, 1980 from No. 18, Mahasamund Parliamentary constituency. The result of the election was declared on 7-1-1980 and the respondent Vidya Charan Shukla was declared elected to the Lok Sabha from that constituency. This election result was notified in the official gazette on 101-1980. The present petition has been filed on 18-2-1980, for declaring the respondent's election to be void on two grounds, namely, under Section 100 (1) (a) and Section 100 (1) (d) (i) of the Representation of the People Act, 1951. Facts on which both the grounds are based are the same. All the relevant facts are admitted between the parties and the only question is whether on the admitted facts both or any of the grounds on which the petition is based have been made out. These facts are stated hereafter.

( 2 ) THE respondent Vidya Charan Shukla was convicted of several offences in sessions Case No. 340 of 1978 by the Sessions Judge, Delhi, on 27-2-1979. A copy of the relevant portion of the Judgment of the Sessions Judge


























































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