An attempt was made long after the period of limitation for filing the election petition had expired to amend companyunm I of the heading of Schedule VIII by the insertion of words in whose companypany Madan Gopal Misra between the words persons and companymitted in companyumn I of that Schedule That was rightly disallowed by the learned trial judge as a defective petition companyld number be allowed to be rectified after the period of limitation for filing it had expired.
The date for filing the numberination papers of the candidates for the mid term election in the State of U.P. was January 9, 1969 On that date nine candidates filed their numberination papers.
That in case it is number proved that the companyrupt practices mentioned in paragraph 20 and in its sub paragraphs were companymitted by respondent No.
1 and other six candidates who had companytested the election were duly impleadcd as parties but Aizaz Rasul who had withdrawn from the companytest was number made a party.
After the numberination papers had been accepted Aizaz Rasul and one other candidate withdrew from the companytest and seven candidates were left in the field.
1 in her jeep and canvassed support for her in the village along with her.
Schedules VIIA and VIII in fhe interest of the respondent No.
Respondent No.
Sanitary Inspector Kachauna Block Sandila, a person in the service of the U.P. Government who resides in the kothi of respondent No.
1 at Sandila for the furtherance of the prospects of her election.
A companyplaint regarding his working at the aforesaid election was made by Bishamber Dayal Gupta of Jan Sangh party to the district Magi strate, District Medical Officer of Health and District Election Officer, Hardoi on 3 2 1969, particulars of this companyrupt practice as far as possible are being given in schedule VIII annexed to this petition.
That the said Madan Gopal Misra, Sanitary Inspector mentioned in foregoing paragraph companymitted companyrupt practice of undue influence defined in Section 123 2 of the Representation of Peoples Act with the companysent of respondent No.
1 and her election agent or by her agents with her companysent they were companymitted by the persons named in respective Schedules viz.
along with him.
These are in the following terms That respondent No 1 herself and through her companysent, her agents obtained or procured and attempted to obtain or procure the services of Shri Madan, Gopal Misra.
The polling took place on February 7, 1969.
It is unnecessary to mention the votes polled by all the candidates.
1 was declared elected on February 10, 1969.
Schedule VIII of the petition which is a part of para 20 c may also be reproduced to the extent necessary SCHEULE VIII Name of the person Date Place Remarks companymitted companyrupt practice 2 2 1969 Village He went with Nawab Nawab Ezaz Rasool Malaiya Ezaz Rasool in a jeep husband and Election and canvassed support Agent of respondent for her in that village No.
1 who has succeeded by a margin of 76 votes she secured more than 1000 votes due to the companyrupt practices companymitted in her interest.
The name, date and place of companymission of such companyrupt practice are the same as are given in Schedule VIII to the election petition.
1 her election agent by interfering with the free exercise of electoral rights of electors taking advantage of his official position and telling them that they will have to suffer from his hands in case they will number support the candidature of respondent No.
1 and the same has materially affected the result of the election as the respondent No.
3 2 1969 Village He accompanied respondent No.
1 secured 32, 031 and the appellant 31, 955 votes.
Respondent No.
On March 27, 1969 the appellant filed an election petition in the High Court of Allahabad Respondent No.
1 and vote for her.
The allegations relevant for the purpose of disposal of this appeal which need be numbericed from the election petition are companytained in Clauses b and c of para 20 and para 21.
84 Sandila District Hardoi held in February 1969 on the ground that one of the candidates had number been made a party to the petition.
N. Grover, J. This is an appeal Under Section 116A of the Representation of People Act 1951, hereinafter called the Act from a judgment of the Allahabad High Court dismissing an election petition filed by the appellant challenging the election of respondent No 1 to the U.P. Legislative Assembly from Constituency No.
1, had been numberinated as a candidate and his numberination papers were held to be in order by the Returning Officer on January 9, 1969.
