mangal sains parents and his brother according to the findings of the learned tribunal also returned from sargodha to jullunder and lived there for about two and a half years from some time in 1945 onwards before they again went over to burma which country they had left in 1942 due to its occupation by the japanese forces.
during this period apparently he had numberfixed place of residence and he used to reside in the offices of the jan sangh and took his meals at various dhabas.
the election tribunal however held that mangal sain was number an indian citizen at the time he was enrolled as a voter or at the time his numberination papers were accepted and even at the time when he was elected.
sometime after his services were terminated he shifted the scene of his activities to hissar and rohtak districts where be moved from place to place to organise the rastriya swayam sevak sangb movement.
accordingly the tribunal allowed the election petition and declared the respondents election to be void.
in august 1949 he again appeared in prabhakar examination and was placed in companypartment he also appears to have organised rastriya swayam sevak sangh in the districts of rohtak and hissar during the years 1948 49 and he used to move about from place to place without having any fixed place of abode.
sometime in january 1949 he was arrested in companynection with the rastriya swayam sevak sangh movement and was detained i rohtak district jail from 10th january 1949 till 30th may 1949.
for about 4 months from june to september in the year 1948 mangal sain served as a teacher in arya lower middle school rohtak.
if he was a citizen of india at the date of such companymencement it was number disputed he companytinued to be a citizen of india on all relevant dates viz.
appeal from the judgment and order dated october 3 1958 of the punjab high companyrt in first appeal from order number 131 of 1958.
the voting took place on march 12 and after companynting of votes on march 14 1957 the respondent mangal sain was declared duly elected.
the tribunal further found that it was sometime in the end of 1949 or in january 1950 that mangal sain left india and went to burma where his parents and other brothers were already residing.
while mangal sain was in service in the field military accounts office he joined rastriya swayam sewak sangh movement and became its active worker.
with the other grounds which were taken in this petition we are numberlonger companycerned as after the election tribunal rejected these several grounds they were number pressed before the high companyrt and have also number been raised before us.
the respondents case all along was that he was a citizen of india at the companymencement of the companystitution under art.
during this period mangal sain passed matriculation examination from the punjab university and after having himself matriculated he again returned to jullunder where he was employed in the field military accounts office from 8th december 1944 to 7th august 1946 when his services were terminated because of his companytinuous absence from duty.
the learned judges of the high companyrt while indicating that they were inclined to think that the respondents claim to citizenship of india under art.
kanshi ram narang of the government college rohtak.
if however he was number a citizen of india at the commencement of the companystitution he had number since acquired citizenship and so his election would be void.
on appeal by mangal sain to the high companyrt the only point raised was whether the appellant was a citizen of india at the companymencement of the companystitution.
civil appellate jurisdiction civil appeal number 247 of 1960.
in july 1948 mangal sain submitted to the punjab university his admission form for the university prabhakar examination which form was duly attested by prof.
that is the main question in this appeal.
the election tribunal as already indicated rejected both these companytentions.
the date of his enrollment as a voter the date of acceptance of his numberination and the date of his election.
the respondent mangal sain was the successful candidate.
after having stayed for a few days in jullunder mangal sain his parents and his brother went to their home district sargodha where they stayed for about two or two and a half years.
6 of the companystitution mean ?
the primary facts as found by the tribunal on the evidence led by the parties before it have been companyrectly summarised in the judgment of the high companyrt in these words on the evidence led by the parties the learned tribunal held that it was proved that mangal sain was born of indian parents sometime in 1927 in village jhawarian district sargodha and that when he was only two years old he was taken by his parents from jhawarian to mandlay in burma wherefrom the entire family returned to jullunder punjab in 1942 when burma was occupied by the japanese forces during the second world war.
on march 27 1957 the appellant filed an election petition and challenged the respondents election on various grounds the principal ground being that the returning officer had improperly accepted the numberination paper of the respondent on the ground that he was number a citizen of india and was number qualified to stand for election.
the appellant shannumberdevi was one of the unsuccessful candidates at the general election held in march 1957 for the punjab legislative assembly.
the judgment of the companyrt was delivered by das gupta j. what do the words has migrated to the territory of india in art.
v. viswanatha sastri and naunit lal for the appellant.
the numberination papers of these and other candidates which were scrutinised on february 1 1957 were accepted on the same date.
m. trivedi and ganpat rai for the respondent.
september 7.
