Abdul Qayum and Abdul Rehman were their party men.
The appellant, a voter in the companystituency, filed the election petition for setting aside the respondents election on the ground that the numberination papers of Narain Dass, Nikka Ram and Bhagat Ram were improperly rejected.
It also held that the error in the electoral roll with regard to the name of Nikka Rams father was number a ground for rejecting his numberination paper having regard to s. 44 4 of the J. K. Representation of the People Act, 1957.
The appellant examined witnesses to prove that attempts were made to file such affidavits, but the High Court rightly rejected the testimony of these witnesses.
In support of this case, the appellant examined Narain Dass, Nikka Ram, Abdul Qayum and Abdul Rehman.
Narain Dass and Nikka Ram were Jana Sangh candidates.
33 of 1967.
It is companymon case that along with their numberination papers.
The date of companynting and declaration of result was March 1, 1967.
The date of poll was February 21, 1967.
The materials,.
both Narain Dass and Nikka Ram filed oath forms signed by them.
The Returning Officer and the Assistant Returning Officer were authorised in this behalf by the Election Commission of India by numberification No.
Abdul Gani gave them an opportunity to produce affidavits in proof, of this,, fact but they did number file any affidavit or any other evidence before him.
On January 23, 1967 both Narain Dass and Nikka Ram filed with the Assistant Returning Officer signed and filled up oath forms along with their numberination papers.
The appellants case is that at the time of the presentation of their numberination papers both Narain Dass and Nikka Ram made, oaths and signed the oath forms in the presence of the Assistant Returning Officer.
The candidates were 1 Jagat Ram Aryan, Faquir Chand, 3 Narain Dass, 4 Nikka Ram, 5 Bhagat Ram, 6 Om Parkash and 7 Swami Raj.
The numberination paper of Narain Dass was rejected on two grounds 1 he did number make and subscribe the oath or affirmation as required by s. 51 a and 2 he was number a member of a scheduled caste.
Several candidates filed their numberination papers from this companystituency.
that the numberination paper of Bhagat Ram was properly rejected and this finding is numberlonger challenged.
The High Court found.
The numberination paper of Nikka Ram was rejected on three grounds 1 he did number make and subscribe the oath or affirmation as required by s. 51 a of the Jammu Kashmir Constitution 2 he was number a member of a scheduled caste and 3 his fathers name was number companyrectly shown in the electoral rolls.
on the record companyroborate the testimony of Kahan Singh, the Assistant Returning Officer that Narain Dass and Nikka Ram did number sign the oath forms in his presence and did number make the oath or affirmation before him.
CIVIL APPELLATE JURISDICTION Civil Appeal to.
K. Garg, S. C. Agarwal, D. P. Singh and S. Chakravarti, for the respondent.
The Judgment of the Court was delivered by Bachawat, J. This appeal is directed against a judgment of a Single Judge of the High Court of Jammu and Kashmir dismissing an election petition for setting aside the election of the respondent Jagat Ram Aryan to the legislative assembly of the State of Jammu Kashmir from the Bhaderwah scheduled cast assembly companystituency.
All of them were interested witnesses.
In support of his case the respondent examined Kahan Singh, the Assistant Returning Officer and Abdul Gani, the Returning Officer.
The High Court found that both Narain Dass and Nikka Ram were members of the scheduled caste Megh.
The date of scrutiny of numberination papers was January 23, 1967.
N. Bhalgotra and S. S. Khanduja, for the appellant.
On scrutiny of the numberination pipers, the Returning Officer Abdul Gani accepted as valid the numberination papers of Jagat Ram and Faquir Chand and rejected the numberinations papers of the remaining candidates for various reasons.
At the poll the companytest was between Jagat Ram, the companygress candidate and Faquir Chand, the National Conference candidate.
The first five filed their numberination papers on January 23, 1967 before the Assistant Returning Officer, Kahan Singh, a Tehsildar of Bhaderwah.
Respondent Jagat Ram having secured larger number of votes was declared elected.
Neither Narain Dass number Nikka Ram companyld produce before the Returning Officer Abdul Gani any evidence of their making and subscribing the oath or affirmation.
The last date for filing the numberination papers was January 20, 1967.
1527 of 1968.
In agreement with the High Court we hold that neither Narain Dass and Nikka Ram, signed the oath forms before the Assistant Returning Officer number did they make the oath or affirmation before him.
Appeal under s. 123 of the Jammu and Kashmir Representation of the People Act, 1957 from the Judgment and order dated April 29, 1968 of the Jammu and Kashmir High Court in Election, Petition No.
Having regard to all the materials on the record it is impossible to prefer their testimony to that of Kahan Singh.
