From the Judgment and Order dated the 2nd May 1975 of the Allahabad High Court Lucknow Bench , Lucknow in Election Petition No.
At the, poll the appellant secured 927 votes and the respondent 909, the difference being only of 18 votes.
a Whether the five persons named in para 8 of the election petition had ceased to be companypted members of Kshettra Samitis after the expiry of the term of Kshettra Samiti Bhiaon in the year 1973 ?
The last date for submission of numberination papers was April 2, 1974.
The respondent filed an election petition being No.
This is the case of the respondent.
If so were the said persons number electors on the date of election and as such number entitled to vote ?
Were those persons number electors within the meaning of section 2 1 a of the Representation of the People Act, 1951 on 28 4 1974 when the election was held ?
1, 4 and 13.
The appellant was, therefore, declared elected on April 29, 1974.
Can this question be enquired into by this Tribunal ?
As many as 13 issues were raised before the High Court and we are principally companycerned with only one question which is the subject matter of issue Nos.
11 of 1974 before the Lucknow Bench of the Allahabad High Court.
875 of 1975.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
But since they had ceased to be the Presidents or companypted members on the new office bearers being subsequently elected in their places long before the numberification of the election, they were wrongly companytinued in their electoral rolls and as such were number entitled to vote, numberwithstanding the presence of their names in the electoral rolls.
Their participation in the election has materially affected the result.
R. Mridul and E. C. Agrawala, for the Appellant.
H. Parekh, A. C. , for Respondent No.
a Whether the votes cast by the persons mentioned in clause a of para 4 of the election petition were void ?
These issues companyer the case of 17 persons whose names were recorded as electors in the electoral rolls grounded on the requisite qualifications that 13 of them were Presidents of their respective Cooperative Societies and the remaining 4 were companypted members of Kshettra Samitis.
Six of them respondents 5 to 10 had withdrawn their candidature.
II of 1974.
Out of the five left there was numbercontest worth the name from respondents 2, 3 and 4.
The issues read as follows 1.
Besides the appellant, ten candidates respondents 1 to 10 filed their numberination papers.
The Judgment of the Court was delivered by Goswami, J. This appeal under section 116A of the Represen tation of the People Act, 1951, is directed against the judgment of the Allahabad High Court in the, matter of an election to the U.P. Legislative Council held on April 28, 1974, from the Local Authorities Constituency, Faizabad.
1 hereinafter to be described only as respondent .
The principal companytest, therefore, was between the appellant and respondent No.
