Court : Supreme Court of India
Reported in : AIR1954SC749; (1954)IIMLJ714(SC); [1955]1SCR671
Das, J.1. Kunwar Rananjaya Singh, the appellant before us, is the son of Raja Bhagwan Bux Singh of Amethi. He was the successful candidate at an election to the Uttar Pradesh Legislative Assembly from Amethi (Central) constituency the polling in respect of which took place on the 31st January, 1952, and the result whereof was announced on the 6th February, 1952, and finally published in the Uttar Pradesh State Gazette on the 26th February, 1952. The respondent, Baijnath Singh, who was one of the unsuccessful candidates filed an election petition calling in question the election of the appellant. Three other unsuccessful candidates were also impleaded as respondents. The grounds on which the election was challenged were that the appellant himself, together with his own and his father's servants and other dependents and agents, committed various corrupt practices of bribery, exercise of undue influence, publication of false and defamatory statements and concealment of election expenses a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC314
Bose, J.1. The Election Tribunal of Gorakhpur has declared the election of the appellant Hari Shanker void under Section 100(2), Representation of the People Act, 1950 (XLIII of 1950) because of major corrupt practices within the meaning of Section 123(8).2. The allegation in the petition is that the appellant engaged the services of a very large number of persons who were serving under the Government of the State of Uttar Pradesh. The Tribunal has examined each separate allegation in detail but it will not be necessary for us to do that as one case will suffice. Among the many persons said to have been engaged as polling agents and canvassers is one Mangal Das. He is a Mukhia. The Tribunal holds that he not only acted as a polling agent but also canvassed. Mr. Chatterji contended on behalf of the appellant that that was not the finding but we are clear that it is.3. The Chairman and Shri Sukhdeo Prasad first say'Ram Chander Prasad has .. stated on oath that he had seen Mangal Das Mukh...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC686; (1954)IIMLJ711(SC); [1955]1SCR608
Bose, J.1. This is an appeal from a decision of the Election Tribunal of Gwalior in which the petitioner, an elector, sought to set aside the elections of the appellants (respondents 1 and 2 to the petition) who were the successful candidates. The constituency is Bhilsa, a double member constituency in Madhya Bharat. The petitioner seems to have been fighting on behalf of the 6th and 7th respondents to the petition because one of his prayers is that they be declared to have been duly elected in place of the appellants (respondents 1 and 2). The petitioner succeeded and the Tribunal declared the elections of the two appellants to be void and further declared that the 6th and 7th respondents had been duly elected. 2. We will first consider that part of the decision which declares the election of the two appellants to be void. 3. The Tribunal finds, among other things, that the appellant No. 1 (1st respondent) published certain pamphlets which contain statements listed as (a), (b), (c), (...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC123; (1955)57BOMLR575; 1955CriLJ215; [1955]1SCR613
Bhagwati, J. 1. This is an appeal by special leave from a judgment of the High Court of Judicature at Bombay reversing the order of acquittal passed in favour of the appellant by the Court of the Presidency Magistrate, 19th Court, Bombay, and, convicting him of an offence under section 66(b) of the Bombay Prohibition Act, 1949, and sentencing him to one month's rigorous imprisonment and a fine of Rs. 500. 2. The appellant, who was the Officiating Regional Transport Officer, Bombay Region, was on the 29th May, 1951, at about 9.30 P.M., proceeding in his jeep car towards the Colaba Bus Stand when he knocked down three persons, Mrs. Savitribai Motwani, her husband and Miss Parvatibai Abhichandani. The police arrested the appellant and took him to then police station. From the police station he was taken to St. George's Hospital in order to be examined by the doctor for alleged consumption of liquor. The doctor found his breath smelling of alcohol. He however found the conjunctiva were con...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC654; 1956CriLJ1265
Bhagwati, J. 1. Special leave was granted to the appellant limited to the question of sentence only.2. About a year before the date of the occurrence, Bachan Singh son of the deceased caused a severe injury on the leg of Pritam Singh, son of the appellant resulting in the amputation of his leg. The appellant harboured a grudge against the father and the son since that time and he was trying to take revenge on a suitable opportunity presenting itself. That opportunity came on 30-9-1952 when the Appellant encountered the deceased, and he and his companion, one Chand Singh, were responsible for the occurrence. Chand Singh held the deceased by the head and the appellant inflicted as many as 18 injuries on the arms and legs of the deceased with a gandasa.It is significant that out of all the injuries which were thus inflicted none was inflicted on a vital part of the body. The appellant absconded and his companion was in the meantime convicted of an offence tinder Section 302 and a sentence...
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