Among the grounds on which the appellants election was challenged were these three That the appellant was born on October 15, 1937 and was thus under 25 years of age on the date of filing the numberination papers and therefore disqualified under Art.
The High Court however refused the respondents prayer to be declared duly elected.
On appeal, the High Court of Judicature at Patna set aside the judgment and order of the Election Tribunal and made an order setting aside the election of the appellant Brij Mohan Singh to the Bihar Legislative Assembly.
Against this order of the High Court the present appeal has been preferred on a certificate granted by the High Court under Art.
Appeal from the judgment and order dated September 9, 1964 of the Patna High Court in Election Appeal No.
Accordingly, the Tribunal dismissed the petition.
9 of 1964.
He prayed for a declaration that the election of the appellant Brij Mohan Singh be declared void and that he Priya Brat Narain Sinha be declared to have been duly elected to the Bihar Legislative Assembly from the Aurangabad Constituency.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
137 of the Constitution from being a member of the Bihar Legislative Assembly That he held subsisting companytracts under the Bihar Government in his individual and personal capacity and was thus disqualified under s. 7 d of the Representation of the People Act That the appellant, and with his companysent, his party men Rameshwar Prasad Singh and others whose names are mentioned were directly responsible for publication and distribution of companyies of leaflets companytaining direct insinuations and aspersions against the respondents personal character, these being false to the knowledge of the appellant.
The Election Tribunal held on a companysideration of the oral and documentary evidence produced before it that numbere of these or the other grounds on which the validity of the election was challenged had been established.
B. Agarwala, L.M. Sarma and D.N. Mukherjee, for the appellant.
The appellant received a majority of votes and was declared elected.
2 of 1963.
Sarjoo Prasad and K.K. Sinha, for the respondent No.
The Judgment of the Court was delivered by Dass Gupta, J. The appellant Brij Mohan Singh and the resportdent Priya Brat Narain Sinha were among the candidates who companytested the Aurangabad Constituency seat for the Bihar Legislative Assembly at the General Election held in 1962.
The respondent Priya Brat Babu who was the sitting member was defeated on April 9, 1962, he filed a petition challenging the validity of the appellants election.
The polling took place on February 21, 1962.
