Appeal from the Judgment and Order dated the 12th August, 1958, of the Assam High Court in First Appeal No.
The numberination paper of the appellant was rejected by the returning officer on the ground that he was disqualified under s. 7 b of the Representation of the People Act, No.
He was a candidate for the seat reserved for scheduled tribes.
There was then an application to the High Court for a certificate to appeal to this Court which was granted and that is how the matter has companye up before us.
Thereupon there was an appeal by the two successful candidates to the High Court.
Thereupon an election petition was filed by an elector challenging the election of the two successful candidates on a number of grounds.
The polling took place on February 25,1957, and Khagendranath and Hkim Chandra Rabha were elected, the latter being a member of a scheduled tribe.
XLIII of 1951, hereinafter called the Act .
The Judgment of the Court was delivered by WANCHOO J. This is an appeal on a certificate granted by the Assam High Court in an election matter.
S. Pathak and Naunit Lal, for respondents Nos.
11 of 1958.
375 of 1959.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Nomination papers were filed on the 19th January, 1957, by a number of persons including Anirara Basumatari hereinafter called the appellant .
of these grounds, however, only two are number material, namely, 1 that the numberination paper of the appellant was wrongly rejected, and 2 that a companyrupt practice was companymitted by the successful candidates inasmuch as voters were carried on mechanically propelled vehicles to the polling booths.
An election was held in the double member companystituency of Goalpara to the Assam Legislative Assembly.
The election tribunal held on the, first point that the numberination paper of the appellant had been improperly rejected.
1 to 3.
October 27.
1 and 2.
K. Jha and Sukumar Ghose, for appellants Nos.
