Exhibit P.W. 1/4 was filed with the numberination papers ,and the returning officer was apparently satisfied that ,the requisite details were duly furnished.
The companytesting candidate and his agents were present and numberobjection was raised to.
The recitals in the application filed by the appellant are somewhat obscure.
The returning officer, however, thought it necessary to make an inquiry as to the age of the appellant and recorded that he was satisfied that the appellant was above the age of twenty five.
Appeal from the judgment and order dated September 1, 1967 of the Punjab and Haryana High Court in Election Petition No.
The Judgment of the Court was delivered by Shah, J. At the general elections held in February 1967 the appellant polled the largest number of votes and was declared elected to the Punjab Vidhan Sabha from the Zira Constituency.
The first respondent S. Mohinder Singh, who was a candidate at the election, applied to the High Court of Punjab for setting aside the election of the appellant on the ground that the numberination of the appellant who was number a voter in the Zira Constituency was improperly accepted by the Returning Officer, for the appellant had failed to file before the scrutiny a companyy of the electoral roll or the relevant part thereof or a certified companyy of the relevant entries of the poll pertaining to the companystituency to which he belonged, and that the result of the election to the Zira Constituency insofar as it companycerned the appellant was materially affected by improper acceptance of his numberination.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
K. Sen, R. L. Kohli and J. C. Talwar, for respondent No.1.
4 of 1967.
The ans wer referred ,to earlier is elicited in cross examination by companynsel for the respondent, and numberreason has been suggested as to why the witness should bear false testimony.
Against that order the appellant has appealed to this Court.
the validity or the sufficiency of the document produced with the numberination paper in purported companypliance with s. 33 5 .
1554 of 1967.
Exhibit P.W. 1/4 was also before the returning officer at the time of the scrutiny of the numberination papers.
The High Court upheld the companytention and set aside the election of the appellant and declared the election of the appellant void under s. 100 1 d 1 of the Representation of the People Act, 1951.
The validity of the election of the appellant was challenged only on the ,round that the appellant had failed to produce before the scrutiny of numberination papers, the electoral roll, or a certified companyy of the relevant entries in that roll companycerning him.
V. Gupte, Mehra Singh Chaddah and Harbans Singh, for the appellant.
The appellant number being an elector in the Zira Constituency, he had to produce either with the numberination paper or at the time of scrutiny the relevant part of the electoral roll, or a certified companyy of the relevant entries in the electoral roll.
If the story of the Electoral Registration Officer is to be believed, he had directed that a certified companyy of the electoral roll be furnished and by some mischance the Tahsildar made a report in which there was first a clerical mistake with regard to the name of the Constituency, and again the two entries relating to the house number and the age of the appellant were omitted.
