From the Archives (March 13, 1969): D.P. Mishra’s election held void

March 13, 2019 12:15 am | Updated 12:43 am IST

The political future of Madhya Pradesh Congress Legislature Party Leader D.P. Mishra came under a cloud to-day [March 12] with the Slate High Court declaring void his May 1963 election to the Assembly on grounds of corrupt practice. As a result of the judgment, Mr. Mishra, who had advanced the Congress claim to be invited to form a Ministry in the wake of S.V D. Chief Minister G. N. Singh’s resignation yesterday [March 11], faces the risk of losing the seat he won in the last General Election. The Representation of the People Act disqualifies a person found guilty of corrupt practice from seeking re-election for six years. The Division Bench, consisting of Mr. Justice Shiv Dayal and Mr. Justice S.P. Bhargava, said the election of Mr. Mishra, was void under Section 100 (1) (3) of the Representation the People Act. 1951. Their Lordships said that it had been proved that Mr. Mishra had incurred or authorised expenditure in contravention of Section 77 of the Act and thus was guilty of a corrupt practice as defined in Section 123 (b) of the Act.

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