Madhya Pradesh Court September 1963 Judgments

Bhagirath Bilgaiya Vs. Rishabh Kumar and ors.

Court: Madhya Pradesh

Reported in: AIR1964MP1; 1963MPLJ867

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 o...