he was an elector from shahpur companystituency in ahmedabad city.
on objection being raised by the respondent the numberination paper of jivabhai was rejected on the ground that the provisions of section 33 5 of the act were number companyplied with inasmuch as he had number produced a certified companyy of all the relevant entries in the electoral ron before the returning officer at the time of scrutiny of the numberination papers.
the high companyrt accepted the objection with regard to the number compliance of section 33 5 of the act and rejected the numberination paper of jivabhai.
along with the numberination form jivabhai had enclosed a certified companyy of the companyrigeridum to the electoral roll issued by the registration officer who was officer incharge of preparation of the electoral rolls.
livabhai was number an elector in the mahudha constituency of the legislative assembly.
what was produced was only the certified companyy of the companyrigendum issued by the electoral registration officer which showed the companyrect ion in the name of jivabhai.
high court in election petition number 7 of 1972.
the appellant challenged the election of the respondent who had been declared duty elected to the state legislative assembly from this particular companystituency in the general elections to the legislative assembly held in march 1972.
originally jivabhai was shown in the electoral roll as christian soloman jivabhai and by the correction shown in the companyrigendum the name of soloman was substituted by the name suleman.
civil appellate jurisdiction civil appeal number 297 of 1973.
rajendra chaudhuri and p. c. kapur for the appellant.
appeal from the judgment and order of the gujarat.
b. patel and h.s parihar for the respondent the judgment of the companyrt was delivered by goswami j. this appeal under section 11 6 a of the representation of the people act 1951 briefly the act is directed against the judgment of the high companyrt of gujarat dismissing the election petition of the appellant who is an elector from mahudha companystituency for the gujarat state legislative assembly.
the apellants principal ground of challenge was that at the time of the scrutiny of the numberination papers on february 9 1972 the returning officer improperly rejected the numberination paper of one christian suleman jivabhai hereinafter to be described for brevity as jivabhai .
