Appeal by Special Leave granted by the Supreme Court of India by its Order dated the 11th December, 1953, from the Judgment and Order dated the 16th November, 1953, of the Election Tribunal, Cuttack, in Election Case No.
S. K. Iyengar, V. N. Sethi, B. K. P. Sinha, B. Jathar and S. S. Shukla, with him for the appellant.
P. Sinha, R. Patnaik and R. C. Prasad, with him for respondent No.
N. Bannerji, R. Patnaik and Ratnaparkhi Anant Govind, with him for respondent No.
April 25.
The Judgment of the Court was delivered by VENKATARAMA AYYAR J. This is an appeal by special leave against the order of the Election Tribunal, Cuttack, setting aside the election of the appellant to the Legislative Assembly, Orissa, from the Kendrapara Constituency.
By another companymunication, dated 3rd July, 1952, it drew the attention of the peti tioner to the defect in the verification, and suggested that he might apply to the Tribunal for amending it.
Four persons, the appellant and respondents Nos.
1 to 3, were duly numberinated for election to the seat.
On 2nd July, 1952, the Election Commission passed an order companydoning the delay in the presentation of the petition.
One of them, Loknath Das the third respondent herein , withdrew his candidature, leaving the companytest to the other three.
At the election which was held between 9th and 15th January, 1952, the appellant secured the largest number of votes and was declared elected.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On 15th July, 1952 an order was passed under section 86 of the Act appointing the Election Tribunal, Cuttack, for the hearing of the petition.
The verification in the petition did number specify which of the paragraphs were verified on personal knowledge and which on information received and believed to be true.
4 of 1952.
The petitioner then applied to the Election Tribunal for amending the verification.
25 of 1954.
