ELECTION PETITION 423
Mr. Bapurao Jagtap, had told the Tribunal that the Left United Front had requested the petitioners “with folded hands” to join the Left United Front, a request they had refused only because they overestimated their strength.
Mr. Chari said that there was no legal obligation on a voter to use both his votes as he could either vote or refrain from voting for a candidate in accordance with the clauses of Section
63 of the Act. His arguments were: That the persuasion to vote only one candidate, or not to vote for any one candidate, did not constitute interference with the free exercise of the will of the voters according to the definition of “undue influence.” That any of the acts of Mr. Dange or any other candidate, did not come within the definition of “corrupt practice” as set out in the Representation of the People Act. That what Mr. Dange had done was only to persuade the voter and he had a right to do so. That the petitioners had filed their petitions only to provide a plausible excuse for their defeat before their supporters; and that the defeat of the petitioners in the last election was due to their arrogant refusal to join hands with the Left United Front which wanted to fight the Congress and the communal elements.
UNDUE INFLUENCE
Mr. T. R. Kapadia, counsel for V. B. Gandhi corroborating Mr. Chari’s argument, said that the petitioners had failed to prove who had exerted undue influence on voters. He asked whether the respondents alone were guilty of that charge or whether the petitioners were also equally guilty of it.
Dr. Deshmukh, after obtaining consent “from -the Tribunal that he might be allowed to address it in place of his advocate, said that all parties were responsible for corrupt practices at the last elections. He admitted that the editor of “Vividh Vritta”, a Marathi weekly, was not only his agent but also his intimate friend.
Hearing will be continued on Wednesday.
The respondents are Mr. S. A. Dange, Dr. G. V. Deshmukh, Dr. V. B. Gandhi, Mr. K. B. Joshi, Mr. N, S. Kajrolkar and Mr. N. B. Parulkar.