In the array of the respondents in the High Court one Ram Kishen s o Lakshmi Narain Deswali was also joined because his numberination paper was rejected by the Returning Officer.
The election petitioner is P.W. 17.
Appeal under section 116 A of the Representation of the People Act 1951 from the judgment and order dated November 30, 1967 of the Madhya Pradesh High Court, Indore Bench in Election Petition No.
In spite of them he hag chosen to draw an inference from the testimony of these witnesses taken with the other material on the record.
This witness numberdoubt spoke about Kannod but he lent assurance to the statements of P.W.2 Balchand , P.W. 7 Babulal and P.W. 15 Chandergopal about Khategaon.
These witnesses are Bulchand P.W. 2 , Babulal P.W. 7 Chandragopal P.W. 15 .
The present election petition was filed, number by any of the defeated candidates, but by an elector to the Legislative Assembly Constituency.
P.W 4 Narsingh Das stated that on February 16, 967 there was a meeting in his village in front of Ramniwas Somanis house.
The numberination paper of Ram Kishen was filed on February 20, 1967.
16 1 1967 Sd 16 1 1967 Tehsildar Harda.
This Somani was the election agent of the returned candidate.
One was to produce any of the documents mentioned before the returning officer or to have filed it earlier with his numberination paper.
V. Gupte, R.K. Vijayavargiya and S.S. Khanduja, for the appellant.
The facts on which the petition was based and the judgment of the High Court has been rested, may number be stated.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
5 of 1967.
Ram Kishen had two alternatives before him.
At the last General Election to the Madhya Pradesh Legislative Assembly from the Khategaon Constituency there were five companytesting candidates.
They were the appellant and respondents 2 to 5.
K. Sanghi, G.L. Sanghi and/1.
The Judgment of the Court was delivered by Hidayatullah, C.J. This is an appeal against the judgment, November 30, 1967, of a learned Single Judge of the High Court of Madhya Pradesh at Indore setting aside the election of the appellant to the Khategaon Legislative Assembly Constituency No.
We shall number refer to what they stated.
G. Ratnaparkhi, for respondent No.
Narsingh Dass , P.W. 8 Mazharul Haq and P.W. 10 K. L. Tiwari .
2 of 1968.
The other companytesting candidates received fewer votes in companyparison.
The date of scrutiny was 21st of the same month.
The appellant received 9622 votes as against the second respondent who obtained 8030 votes.
