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The Judgment of the Court was delivered by N.P. SINGH, J.-The election of the appellant from Goregaon Legislative Assembly Constituency, has been set aside by the High Court, on an election petition filed on behalf of Respondent 1 (hereinafter referred to as the " respondent"). The appellant had contested the election as a candidate of Shiv Sena, whereas the respondent as of Janata Dal.

2. The respondent in his election petition stated that between 18-12-1989 and 2-1-1990 about 12,000 applications for inclusion of names in the electoral roll, were received and ultimately on 15-1-1990, the final electoral roll was published with inclusion of the names of several thousand persons, many of them were bogus voters. Thereafter the details of the corrupt practices committed by the appellant, Shiv Sena, Bhartiya Janata Party, between 18-1-1990 and 27-2-1990 were stated. It was also alleged that they falsely propagated in February 1990 that Pandal erected specifically for offering prayers by Hindu women at the cost of Rs 50,000 was demolished at the instance of socialists viz. Mrinal Gore and K.R. Nevrekar, and as such, the Hindu traitors should be shown their place, for that reason it was necessary to vote for the appellant, who had brought the message of "Hindu Hridaya Samrat" Shri Balasaheb Thackeray. The aforesaid statements were exhibited on several boards in different localities in Goregaon constituency between 21-1- 1990 and 27-2-1990.

5. Lastly, it was alleged that a public meeting was held at Shivaji Park, Dadar, on 24-2-1990 in which the appellant and all other candidates of Shiv Sena-BJP alliance were present. The said meeting was addressed by Bal Thackeray and other leaders, at which Bal Thackeray reiterated that he was "contesting the election in the name of Hindu religion (Hindutva)". The proceedings of the said meeting were reported in various dailies, and even the voters of the constituency in question, read the press reports.

11. From the perusal of the election petition, it shall appear that respondent has stated about the corrupt practices alleged to have been committed by the appellant in paragraphs 47 to 52. It has been alleged that the appellant was a candidate of Shiv Sena and had the support of BJP and Vishwa Hindu Parishad at the election in question. He has stated about the atmosphere created, because of the Ayodhya and Babri Masjid dispute. Then statement has been made regarding putting up of boards in different places in the constituency in question, requesting the voters to vote in the interest of Hindus and to show the traitors their place. Then the details of the celebration on 14-2-1990 at the aforesaid Sankalpasiddhi Ganesh Mandir, where the respondent is alleged to have come to receive Prasad with his workers, have been stated. Thereafter respondent has stated about publication in Samana the next day, 15-2-1990, relevant part whereof has been quoted above. Lastly, about the public meeting, 1 1986 Supp SCC 315: (1986) 2 SCR 782 2 (1972) 1 SCC 214: (1972) 2 SCR 742 held at Shivaji Park on 24-2-1990, which was attended by the appellant and other candidates of Shiv Sena-BJP alliance, where Bal Thackeray reiterated that the said alliance was contesting election in the name of Hindu religion, has been stated.

5 (1955) 1 SCR 608: AIR 1954 SC 686 6 1975 Supp SCC 1 7 (1994) 2 SCC 392

19. The corrupt practices alleged against the appellant after filing of the nomination paper, are (i) appellant published a news item in the issue of Samana on 15-2-1990 which was a statement of fact, which was false and appellant believed it to be false or did not believe it to be true in respect of personal character and conduct of the respondent to prejudice his prospect at the said election, which is covered by Section 123(4) of the Act; (ii) Bhartiya Janata Party, the election ally of Shiv Sena, propagated in last week of February 1990 that authorised Pandal erected for offering prayers by Hindu women was demolished at the instance of Mrinal Gore and K.R. Nevrekar, and several boards in different localities in Goregaon between 21-1-1990 and 27-2-1990 were exhibited, saying show these Hindu traitors their place; (iii) a public meeting was held at Shivaji Park, Dadar, on 24-2-1990 in which the appellant and other candidates of Shiv Sena-BJP alliance were present. The meeting was addressed by Bal Thackeray and others. Bal Thackeray reiterated that the said alliance was "contesting the election in the name of Hindu religion (Hindutva)". The proceedings of the said meeting were reported in various dailies.