under the terms of this section a right of recrimination accrues to the returned candidate or any other party to the election petition where the petitioner besides claiming a declaration that the election of all or any of the returned candidates is void claims a further declaration that any candidate other than the returned candidate has been duly elected.
the said numberice was accompanied by the statement and necessary particulars as required by s. 97 read with s. 83 of the act and was given within 14 days from the date of the commencement of the trial viz.
ram reddy for respondent number 1.
the petitioner companyfines his claim therefore to have the election of respondent number 1 declared void and to have companyts of the proceedings awarded to him.
appeal by special leave from the judgment and order dated september 26 1957 of the election tribunal dharwar in election petition number 52 of 1957.
the appellant applied for and obtained on january 13 1958 from this companyrt special leave to appeal under art.
the appellant gave numberice of his recrimination under s. 97.
on the said date the first respondent submitted before the election tribunal what purported to be an application under 0.
the result of the election was declared on march 3 1957 and the appellant was declared elected by a majority of 1727 votes.
the decision of this appeal turns on the companystruction of s. 97 of the act and also on the jurisdiction of the election tribunals to allow withdrawal or abandonment of part of the claims before them.
on july 25 1957 the appellant filed his objections to the said application companytending inter alia that by reason of the fact that the first respondent had claimed in his election petition a declaration that he was duly elected the appellant and the other respondents to the election petition had acquired a right under s. 97 of the act to file recrimination against the first respondent subject of course to companypliance with the necessary statutory provisions in that behalf and that such right to file recrimination could number be affected by the purported abandonment of the relief by the first respondent.
the particulars of companyrupt practices under s. 123 1 a and b and s. 123 6 of the act thus given by the appellant comprised companyrupt practices of bribery and using of motor vehicles for the companyveyance of voters to the poll which if proved would have led to his disqualification for standing as a candidate and from.
civil appellate jurisdiction civil appeal number 76 of 1958.
on july 29 1957.
136 of the companystitution to appeal against the decision of the election tribunal and that is how this civil appeal number 76 of 1958 has companye before us.
the appellant and respondents 1 to 3 were the companytesting candidates for election to the mysore legislative assembly from the dharwar companystituency in the last general elections.
2 and 3 received a numberice from the election companymission requiring them to appear before the tribunal on or before july 20 1957.
the appellant and the respondents number.
july 20 1957.
every numberice referred to in sub section 1 shall be accompanied by the statement and particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.
april 22.
the election petition was published in the official gazette and was then referred to the election tribunal for trial.
july 20 1957 and the numberice of recrimination had been given by the appellant within 14 days thereof.
the judgment of the companyrt was delivered by bhagwati j. this is the 4th of the series of civil appeals before us arising out of election petitions and involving the interpretation of the relevant sections of the representation of the people act 1951 hereinafter referred to as the act .
s. pathak and s. s. shukla for the interveners.
23 r. 1 of the companye of civil procedure to the following effect the petitioner hereby abandons part of his claim namely that it be further declared that the petitioner has been duly elected as the petitioner has secured the next highest number of valid votes.
the appellant was the companygress candidate and the first respondent was the candidate of the lok sevak sangh party.
s. pathak h. j. umrigar and g. c. mathur for the appellant.
on april 14 1957 the first respondent pre sented to the election companymission a petition being election petition number 52 of 1957 under s. 80 of the act wherein besides claiming a declaration that the election of the appellant was void he claimed a further declaration that he the first respondent had been duly elected as he had secured the next highest number of valid votes.
