The court interpreted the provisions of the Representation of the People Act, 1951 relating to corrupt practices and applied them to the facts of the case to determine whether the appellant had committed any corrupt practices.

Shiv Dayal, J.

1. This is an appeal under Section 116A of the Representation of the People Act, 1951.

2. In the general elections of 1962, Bhagirati: Bilgaiya was returned to the M. P. Legislative Assembly from Bina

constituency. Rishabh Kumar, who was a rival candidate filed an election petition. The petitioner's case was that formerly

Bhagirath (appellant), Ramgulam Choubey and Brijkishore Pateria were members of the Congress. Being disgruntled, they left it

and became his strong opponents. In order to bring about his defeat in the election, they joined hands. They issued

cyclostyled pamphlets containing an appeal not to vote for a Jain but to vote for a Sanatan Dharmi Hindu and also containing

material calculated to promote feelings of hatreS between Jains and Sanatani Hindus. They also got printed" in a newspaper,

the joint resignation of Ramgulam, Brijkishore and another which contained false statements In relation to Rishabh Kumar's

personal character. The election was challenged on the grounds of bribery, undue influence, appeal to vote on the ground of

religion of community, promotion or attempt to promote feelings of enmity or hatred between Hindus and Jains on the ground of

religion or community; publication of false statements in relation to the personal character of Rishabh Kumar; hiring and

procuring vehicles for the conveyance of electors; and incurring or authorising expenditure in excess of the statutory

limit--corrupt practices under Section 123, Sub-sections (IA), (3), (3A), 4, 5 and 6 of the Representation of the People Act,

1951, (hereinafter called the Act). The petition was resisted by the returned candidate, Bhagirath.

3. The learned District Judge, Sagar, who was constituted the Election Tribunal, found that the returned candidate was guilty

of corrupt practices tinder Sub-sec lions (3), (3A), 4 and 6, and consequently declared his election void. Bhagirath filed

this appeal. Rishabh Kumar, respondent 1 (petitioner), filed cross-objections.

4. The questions canvassed before us are:

(i) Whether there was an appeal by the appellant, cr with his consent, to vote on the ground of religion or community and

also to promote or attempt to promote feelings of hatred between Jains and Sanatan Dharmi Hindus within the meaning of

Sub-sections (3) and (3A);

(ii) Whether there was publication by the appellant, or with his consent, of false statements in relation to Rishabh Kumar's

personal character or conduct within the meaning of Sub-section (4): and

(iii) Whether the expenditure incurred or authorised by the appellant exceeded Rs. 7,000/-.

5. Regarding the first question, the Tribunal has found that the appellant committed the corrupt practices by means of two

cyclostyled pamphlets (Exs, P-14 and P-28) containing an appeal to refrain from voting for Rishabh Kumar because he is a Jain

and to vote for Bhagirath who is a Sanatan Dharmi Hindu. The impugned pamphlet (Ex. P-28) runs thus:

^^Hkkb;ksa] vkt le; vk x;k gS fd gesa vius /keZ dh j{kk dk chM+k mBkuk iM+ jgk gSA gekjs lukru

/keZ ij tSfu;ksa }kjk ckj&ckj vke.k fd;k tk jgk gSA jryke esa tSfu;ksa us ,d eafnj ls f'kfyax gVok fn;kA tcyiwj esa jke vkSj

lhrk ds lEcU/k esa , vkifktud iqLrd NiokbZA tSuh ukfLrd gksrs gS bl dkj.k gekjs lukru /keZ dks feVkus ds fy;s vc ;s yksx

dkaxszl ds tfj;s lkk gfFk;kuk pkgrs gSa vkSj blds fy, prqosZanhth tSls lukru /keksZ dks gjkdj ewypan ns'kygjk tSuh dkaxszl dk

izkUrk/;{k cuk cSBk gSA r[krey tSu] feJhyky xaxkoky] n'kjFk tSu Hkh 'kklu ij gkoh gSA vkSj bUgha yksxksa us "kM+;a= jp dj

chuk ls ,d djksMirh tSuh lsB _"kHk dqekj dks yknus dk bjknk dj mls dkaxszl dk fVdV fnyok;k gSA ;fn vki vius /keZ dh j{kk djuk

pkgrs gSa rks /keZ dh nhid Nki isVh ij eqgj yxkdj tSuh lsB _"kHk dqekj [kqjbZ dks gjkus esa lgk;d cusA**

The offensive portion of the other cyclostyled pamphlet (ex. p-14) read thus:

^^------------- brus ij Hkh gekjs ij gfjtuksa vkSj eSfu;ksa dks yknuk pkgrh gSA viuh rglhy esa dqy

5000 eqVBh Hkj tSuh Ms<+ yk[k lukru /keksZa ij 'kklu d