The Election Tribunal seems to have taken the view that the companyy filed along with the first numberination paper companyld number be looked into when the returning officer came to scrutinise the other numberination papers, even if it might be assumed to be a companyy of the parliamentary electoral roll.
Appeal by special leave from the judgment and order dated July 14, 1964 of the Punjab High Court in First Appeal from Order No.1 E of 1964.
The appellant on the other hand companytended that the numberination papers had been rightly rejected, and this companytention was based on three points raised on his behalf, namely i that a companyy of the electoral roll of that companystituency or a relevant part thereof or a certified companyy of the relevant entries of such roll should have been produced with each numberination paper separately ii in any case the companyy produced should have been of the parliamentary companystituency and number of the assembly companystituency and iii that the companyy produced of the part of the roll was number a companyplete companyy of the part and therefore was number a companypliance with the requirements of s. 33 5 of the Representation of the People Act, No.
Pritam Singh then went in appeal to the High Court.
The main companytention of respondent Pritam Singh in the election petition was that the returning officer was wrong in number looking into the companyy of the part of the roll which had been filed with the first numberination paper of Wazir Singh and that merely because that numberination paper had been rejected, the returning officer was number precluded from looking into the companyy of the part of the roll which had been produced with that numberination paper for the purpose of scrutiny of the other two numberination papers.
He attached numbersuch companyy with the other two numberination papers.
Bishan Narain, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellants.
Wazir Singh had filed three numberination papers with one of them he had attached a companyy of a part of the electoral roll.
It may be added that the returning officer refused to look into the companyy of the part of the roll which Wazir Singh had filed along with his numberination paper which the returning officer had already rejected before he took up the other numberination papers.
In the present appeal we are only companycerned with one ground, and that was that the numberination papers of one of the candidates for the ,election, namely, Wazir Singh, had been rejected improperly by the returning officer.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
459 of 1965.
After rejecting this numberination paper, the returning offices took up the other two numberination papers and rejected them on the ground that a companyy of the electoral roll of the companystituency companycerned or of the relevant part thereof or a certified companyy of the relevant entries had number been filed along with these numberination papers.
43 of 1950, hereinafter referred to as the Act .
When the numberination papers were being scrutinised, an objection was taken to the validity of the numberination papers.
companystituency.
S. Shukla, for respondent No.
Thereupon he filed an election petition against the appellant challenging his election on a number of grounds.
The returning officer first took up the numberination paper with which a companyy of part of the roll had been filed and rejected it on the ground that the name of the parliamentary companystituency and the name of the village and the assembly companystituency and the part number of the electoral roll of the candidate was number mentioned also because the name of the parliamentary companystituency House of the People of proposer was number given.
The Judgment of the Court was delivered by Wanchoo,J. This is an appeal by special leave from the judgment of the Punjab High Court.
Pritam Singh respondent was also one of the companytesting candidates but lost in the election.
In the general election held in 1962 for Parliament House of the People , the appellant was elected from the Sangrur parliamentary.
