12 of those who were electors under the original roll were removed from the roll.
goburdhun for the appellant.
as per the amended electoral roll there were 39 electors in the dalsingsarai polling station.
most of them were newly appointed members.
originally five candidates submitted their numberination for the election in question.
therefore the appellant was declared elected.
companysideration.
his election was later challenged by the 1st respondent herein.
they will be considered at the appropriate stage.
date of declaration of result 29 4 1968.
the companytroversy relating to the validity of some of the votes polled arose under the following circumstances.
there were six polling stations in the companystituency.
134 votes were polled out of which 33 votes were polled at dalsingsarai polling station.
date of scrutiny of numberination papers 4 4 1968.
the calendar for the election for that companystituency was as follows last date for filing numberination papers 2 4 1968.
on scrutiny all of them were held to have been validly numberinated.
bagga harder singh and s. bagga for respondent number 1.
civil appellate jurisdiction civil appeal number 25 of 1969.
dalsingsarai polling station exercised their franchise during the poll on april 28 1968.
two of them later withdrew their candidatures within the period prescribed leaving in the field shri baidyanath panjiar the appellant herein shri raj kumar mahaseth respondent number 2 and shri gangadhar respondent number 3.
the high companyrt has set aside the election and declared the 2nd respondent elected on the ground that on companynting the validly cast votes the second respondent has secured more votes than the appellant.
on april 13 1968 as per a numberification under s. 389 c of the bihar and orissa municipal act 1922 40 members were numberinated as members to the said numberified area companymittee in place of the old members.
companynting of the votes showed that the appellant had secured 45 the second respondent 49 and the third respondent 40 first preference votes.
to be exact 35 of the 40 members numberinated were new members.
a few subsidiary contentions have also been canvassed.
it held that some of the votes cast were number valid votes.
thereafter the electoral roll was amended on the 27th april 1968 just a day prior to the polling.
birendra prasad sinha s.k.
harder singh for respondents number.
2 and 3.
as numbere of them obtained an absolute majority of the votes cast the third respondent was eliminated and his second preference votes were taken into.
14 of his second preference votes went to the appellant and 5 to the second respondent.
date of poll 28 4 1968.
last date for withdrawal of candidatures 6 4 1968.
the election petition from which this appeal arises relates to the darbhanga local authorities companystituency of the bihar legislative companyncil.
in the electoral roll as it stood on the last date of filing numberination papers the registered voters were only 123 16 of the registered voters were of the members of dalsingsarai numberified area companymittee.
the judgment of the companyrt was delivered by hegde j. the principal question raised in this appeal under s. 116a of the representation of people act 1951 to be hereinafter referred to as the act is as to the scope of s. 23 3 of the representation of people act 1950 to be hereinafter referred to as the 1950 act .
33 out of the 39 electors included in the electoral roll relating to.
only four of them stood registered in the electoral roll as it stood on april 2 1968.
appeal under s. 116 a of the representation of the people act 1951 from the judgment and order dated december 11 1968 of the patna high companyrt in election petition number 4 of 1968.
