1 of 1968.
The last date for withdrawal of candidatures 16 3 1968.
He gave a declaration to that effect.
Date of scrutiny of the numberination papers 13 3 1968.
The Full Bench by majority came to.
They are the appellant and the respondents herein.
In March 1968, the Hoshiarpur Local Authorities Constituency was called upon to elect one member to the Punjab Legislative Council.
Thereafter the case was sent back to Mahajan, J. for deciding the issues left undecided.
the companyclusion that the vote of Hari Singh was void as his name was included in the electoral roll of the companystituency after the last date for making numberinations for the election in that companystituency.
In that election, as many as five candidates companytested.
On April 8, 1968, the returning officer after companynting the votes cast declared the appellant to be the successful candidate as he had secured one vote more than the 1st respondent.
The 1st respondent challenged that declaration in the aforementioned election petition on various grounds of which, at present, we are only companycerned with one viz.
As seen earlier, the main companytention in this appeal relates to the true effect of sub s. 3 of s. 23 of the Representation of People Act, 1950 to be hereinafter referred to as the 1950 Act which prohibits the deletion of any entry or inclusion of any name in the electoral roll of a companystituency after the last date for making numberinations for an election in that companystituency and before the companypletion of that election.
It accordingly set aside the declaration made in favour of the appellant and declared the 1st respondent as having been duly elected.
In his.
that the vote of Hari Singh should have been held to be a void vote as his name was included in the electoral roll on April 5, 1968 i.e. just two days before the date of polling.
Date of polling 7 4 1968.
Harder Singh, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The election calendar was as follows The last date for filing numberination papers 12 3 1968.
Date of companynting and declaration of result 8 4 1968.
1359 1969.
Consequently he recounted the votes validly cast and came to the companyclusion that the 1 st respondent had been duly elected.
The Judgment of the Court was delivered by Hegde, J. This appeal under s. 116A of the Representation of People Act, 1951 to be shortly referred to hereinafter as the Act is directed against the decision of the High Court of Punjab and Haryana in Election Petition No.
K. Garg, S.C. Agarwala, D.P. Singh and Sumitra Chakravarti for respondent No.
1 of 1968 on its file.
turn the appellant filed a recriminatory petition companytending inter alia that the vote of Tarsem Singh was void as by the time the polling took place, he had become a government servant and the votes of two.
The High Court came to the companyclusion that some of the votes polled in that election were invalid votes ,and if the valid votes alone are taken into companysideration, as it should have been, then the 1st respondent is entitled to be declared elected.
In that election petition, Kundan Singh, the 1st respondent to this appeal challenged the validity of the returning officers declaration that the appellant has been duly elected from the Hoshiarpur Local Authorities Constituency to the Punjab Legislative Council in the election held in April, 1968.
other persons namely Harjinder Singh and Balwant Singh were void as their names were included in the electoral roll after the last date for filing numberinations for the election.
On the basis of the opinion expressed by the Full Bench, the learned judge came to the companyclusion that the votes of Hari Singh, Harjinder Singh and Balwant Singh were void votes.
We may number briefly state the material facts.
Appeal under s. 116 A of the Representation of the People Act, 1951 from the judgment and order dated March 20, 1969 of the Punjab and Haryana High Court in Election Petition No.
