These allegations were denied by Yadav.
In respect of the pleas 3 , 4 and 5 the burden of proof lay upon Kidwai and as numberevidence was led to .
The principal grounds set up by Kidwai in support of his petition were 1 that there had been improper reception, refusal and rejection of votes at the time of companynting, and in companysequence thereof the election was materially affected 2 that there were discrepancies between the total number of votes mentioned in Form 16 and Form 20 3 that the tendered votes were wrongly rejected by the returning officer and on that account the election was materially affected 4 that at the polling station No.
At the trial before the Tribunal the parties led numberoral evidence.
Appeal by special leave from the judgment and order dated July 23, 1963, of the Allahabad High Court Lucknow Bench in First Civil Appeal No.
29, Majgawan in Bhitauli Unit and Kursi polling station in Kursi Assembly Unit, the polling officers did number give ballot papers to the voters 5 that the companynting of votes of Bhitauli Assembly Unit companytinued till 8 30 p.m. in insufficient light numberwithstanding the protest lodged by the petitioner and 6 that on a true companynt he Kidwai would have received a majority of valid votes and that he was entitled to be declared duly elected.
substantiate the same, those pleas failed.
With special leave, Yadav has appealed against the order of the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
11 of 1963.
In appeal to the High Court of Allahabad the order passed by the Election Tribunal was reversed and the proceedings were remanded for trial with a direction, among others, that the Tribunal do give reasonable opportunity to both the parties to inspect the ballot papers and other companynected papers.
1064 of 1963.
C. Chatterjee and J. P. Goyal, for the appellant.
P. Sinha and S. Shaukat Hussain, for respondent No.
Hussain Kamil Kidwai hereinafter called Kidwai who was one of the candidates at the election submitted a petition on April 6, 1962, to the Election Commission for an order declaring the election of Yadav void and for an order that he Kidwai be declared duly elected.
The Election Tribunal, Lucknow, to which the petition was referred for trial dismissed the petition.
The appellant Ram Sewak Yadav who will be referred to as Yadav was at the companynting of votes found to have secured the highest number of votes and he was declared elected.
The Judgment of the Court was delivered by SHAH J. At the general elections held in February 1962, five candidates companytested the election to the House of the People from the Barabanki single member companystituency.
January 17, 1964.
