Odyuo obtained 1517 votes and the appellant 1485 votes.
The respondent Odyuo was declared elected.
1 of 1969.
It is in evidence that the Electoral Registration Officer said that he was satisfied about the declarations of the members of the service personnel about their Indian citizenship.
Odyuo secured 32 votes more than the appellant.
The appellant challenged the election of the respondent Odyuo as a member from 37 Wokha Constituency in the Nagaland Constituent Assembly.
K. Sen, S. K. Ghosh, Naunit Lal, A. R. Barthakur, R. C. Chaudhary and Swranjit Sodhi, for respondent No.
The Judgment of the Court was delivered by Ray, J. This is an appeal from the judgment dated 17 July, 1970 of the High Court of Assam and Nagaland dismissing the appellants election petition.
1792 of 1970.
11 Odyuo and respondents No.
His evidence was that these members of the service personnel were Indian citizens.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
K. Krishna Menon, D. P. Singh, Narayana Nettar and J. Francis, for the appellant.
Lahiri also said that the Service personnel filled up the forms declaring that they were Indian citizens and Lahiri himself also asked the service personnel about their citizenship.
The grounds for impeaching the election were principally these.
2 and 3 were candidates at 37 Wokha Constituency at the election held in the month of February, 1969 for the purpose of companystituting a new Legislative Assembly of the State of Nagaland.
These were the allegations of the appellant in the particulars furnished by him in an application dated 4 October, 1969.
The appellant, respondent No.
The High Court companyrectly found that in the statements furnished by the service personnel being Exhibit 6 series and Exhibit A series, they declared themselves to be citizens of India and the statements were verified by the Record Officer.
In cross examination, Lahiri said that the service personnel were called Nepali by companymon parlance.
Appeal under s. 116A of the Representation of the People Act, 1951 from the judgment and order dated July 17, 1970 of the Assam and Nagaland High Court in Election Petition No.
