Case: Prabhu Narayan Vs. A. K. Srivastava

1. In the election held on 11th March, 1972 to the Legislative Assembly of Madhya Pradesh from Damoh constituency the respondent, an independent candidate, was declared elected. The appellant, the Congress candidate filed an election petition for declaring the election of the respondent void on various grounds all of which were found not proved by the learned Judge of the High Court of Madhya Pradesh who tried the petition. The petition was consequently dismissed and this appeal is against that dismissal.2. We are concerned only with the charge of corrupt practices under Section 123 (4) of the Representation of the People Act in respect of five pamphlets marked Exs.6 andand two public meetings held on

Reasoning: is obvious that when Section 123 (4) speaks of publication it means distribution. Mere printing of the pamphlets would not fall under Section 123 (4). Therefore the failure to give particulars of the printing cannot lead to the dismissal of the petition. Nor could evidence regarding it be shut out. The proviso to Section 83 (1) lays down that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. It does not say that the allegation of corrupt practice and particulars thereof should be given in the affidavit. The election petition contains the allegation of corrupt practices and particulars thereof.That this is the intention of the Legislature is also clear from a perusal of Form 25, which is the one prescribed under Rule 94A of the Conduct of Elections Rules. The affidavit filed in support of the election petition is in accordance with that form.5.Reliance was placed on behalf of the respondent on the decision of this Court in Virendra Kumar v. Jagjivan (1972 (1) SCC 826 ) = (AIR 1974 SC 1957 ).