ELECTION PETITION 417
The Petitioners submit that in view of what is stated in the foregoing paras, the Respondent Nos. 1 and 2 have by themselves their Agents and other persons acting for and on their behalf, exercised undue influence during their election campaign preceding the side election inasmuch as they actively interfered with the free exercise of the electoral right of the voters within the meaning of Section 123 (2) of the Act and that the election on that account has not been a free election within the meaning of Section 100 (i) (a) of the said Act.
The Petitioners further say that the Respondent Nos. 1 and 2 knew that they could not derive any benefit to themselves by their propaganda to appropriate both the votes to themselves. All the same they persisted in the said propaganda because they were actuated by the malicious motive to injure the prospects of the Petitioner Nos. 1 and 2.
The Petitioners submit that the large number of double votes cast by the voters in favour of the Respondent Nos. 1 and 2 as herein above stated in para 10 is evidence of the fact that the undue influence exerted by the Respondent Nos.
1 and 2 in the said Constituency has extensively prevailed at the Election.
The Petitioners therefore say that the election has not been a free election by reason of the corrupt practices of undue influence which extensively prevailed at the election, and that hence the said election should be declared wholly void.
That Petitioners have deposited Rs. 1,000 with the Reserve Bank of India in favour of the Secretary of the Election Commission as security for the costs of the Petition as required by Section 117 of the Representation of the Peoples Act, 1951. The original receipt showing that the said amount has been deposited in hereto annexed and marked G.
That this Petition is accompanied by a list of the particulars of the corrupt practices committed by the Respondent Nos. 1 and 2 signed and verified as required by Section 83 (2) of the Representation of the People Act, 1951 and is hereto annexed and marked H.