" It's not proved that Musafir, who belongs to Koli caste, had appealed to the voters of his caste for furtherance of his prospects in the election and is thus guilty of commission of corrupt practice within the meaning of sub section (3) of section 123 of the Representation of the People Act of 1951, said the court."
Shimla, July 28 - The Himachal Pradesh High Court Monday dismissed a petition by former state Congress legislator Gangu Ram Musafir, who had won seven times consecutively since 1982, challenging his defeat by BJP candidate Suresh Kashyap in the 2012 assembly elections.

The court also imposed a fine of Rs.25,000 on Musafir that will be paid to first time legislator Kashyap.

In the absence of any cogent, reliable and trustworthy documentary or physical evidence, the oral evidence comprising of depositions of mostly interested witnesses cannot be safely relied upon to annul the verdict given by the electorate in favour of the respondent (Musafir), said Justice V.K. Sharma in his 65-page judgment, reserved June 24.

It's not proved that Musafir, who belongs to Koli caste, had appealed to the voters of his caste for furtherance of his prospects in the election and is thus guilty of commission of corrupt practice within the meaning of sub section (3) of section 123 of the Representation of the People Act of 1951, said the court.

In the December 2012 assembly election, Kashyap defeated former speaker Musafir by 2,625 votes in the Pachhad constituency in Sirmaur district.


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