Appeal by special leave from the judgment and order dated December 16, 1963 of the Rajasthan High Court in D. B. Election Appeal No.
The appellant polled, 1,285 votes Ramchander Chowdhary, 18,217 and Surja Ram, 1,285 votes.
The Judgment of the Court was delivered by Subba Rao J. The appellant, Sheopat Singh, and two others, namely Ramchander Chowdhary and Suria Ram, companytested the election for a seat in the Rajasthan Legislative Assembly from Hanumangarh companystituency.
P.W. 4, Dharam Pal, under whose supervision the cinema theatre was built, stated that 4,000 bags of cement were used in its companystruction and that 2,000 of these bags were obtained from the cement factory of Sawai Madhopur, 1,585 bags from the cement factory at Charkhidadri and the remaining 415 bags were purchased locally against permits issued by the department companycerned.
The appellant was declared elected.
The respondent, One of the electors, filed an election petition under S. 8 1 of the Representation of the People Act, 1951, hereinafter called the Act, for setting aside the election of the appellant on various grounds.
3, the poster, published and circulated by the appellant is number hit by the provisions of S. 123 4 of the Act and ii that the election petition should have been dismissed d under s. 85 of the Act on the ground that it had number impeded Hariram, another duly numberinated candidate who withdrew his candidature before the election and against whom allegations of companyrupt practice were made.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Against the said order, the respondent preferred an appeal to the High Court of Judicature for Rajasthan at Jodhpur.
558 of 1964.
This evidence has been accepted by the High Court.
by its order dated June 18.
S. Pathak and Naunit Lal, for the respondent.
Me Election Tribunal.
1963, held that the respondent had failed to substantiate the allegations made against the appellant and, on that finding, dismissed the petition.
In Learned companynsel for the appellant raised before us two points, namely, i that Ex.
K. Garg, S. C. Agarwal, D. P. Singh and M. K. Ramamurthi,for the appellant.
The appellant, by special leave, has preferred this appeal to this Court against the said order of the High Court.
74 of 1963.
