The validity of the election was attacked on many grounds.
This was accepted by the Commission and on 7th May, 1952, it published a numberification in the Gazette of India under Rule 114 7 stating that the disqualification had been removed.
It will be numbericed that this was before 17th April, 1952, the date on which the Election Commission disqualified the appellant.
139 of 1955.
This was found to be defective, and on 17th April, 1952, the Election Commission published a numberification in the Gazette of India disqualifying the appellant under Rule 114 5 of the Representation of the People Conduct of Elections and Election Petitions Rules, 1951, on the ground that she bad failed to lodge the return of election expenses in the manner required and that she had thereby incurred the disqualifications under clause c of section 7 and section 143 of the Representation of the People Act, 1951.
The polling took place on 14th January, 1952, and when the votes were companynted on 18th January, 1952, it was found that the appel lant had secured the largest number of votes and that the companytesting respondent Manmohini came next.
On 6th March, 1952, the appellant filed her return of election expenses.
In view of this the appellant submitted a fresh return with an explanation under Rule 114 6 on 30th April, 1952.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In the meanwhile, on 7th April, 1952, the companytesting respondent Manmohini filed an election petition praying that the appellants election be declared void and that she the petitioner be declared to have been duly elected.
24 of 1953.
The appellant Shrimati Sucheta Kripalani together with the companytesting respondent Shrimati Manmohini Sahgal and others were candidates for election to the House of the People from the Parliamentary Constituency of New Delhi.
The appellant was accordingly numberified as the returned candidate on 24th January, 1952.
C. Chatterjee, B. S. Narula, with him for the appellant.
S. Pathak and Veda Vyas, Ganpat Rai, with them , for respondent No.
September 6.
The Judgment of the Court was delivered by BOSE J. The proceedings that have given rise to this appeal arise out of an election petition before the Election Tribunal, Delhi.
5 1955.
