He gave his fathers name as Shiv Deni alias Ram Krit.
Three electors filed a petition under section 81 of the Representation of the People Act Act XLIII of 1951 praying that the election of the returned candidate be declared void and that respondent No.
Appeal by Special Leave granted by the Supreme Court of India by its Order dated the 29th May, 1953, from the Judgment and Order dated the 4th May, 1953, of the Election Tribunal, Allahabad, in Election Petition No.
4, is Rajput by caste.
Ram Krit is the name of Dudh Nath Kahars father.
4, whose name was entered on the electoral roll of Gahmar Constituency Ghazipur South East personated meaning passed himself off as Dudh Nath Kahar and used the entries of his electoral roll of Baruin Constituency ghazipur South West , that the Returning Officer had improperly accepted his numberination, and that the result of the election was thereby materially affected.
4 was improperly accepted by the Election Officer and that the result of the election was thereby materially affected.
I C. K. Daphtary, Solicitor General for India G. C. Mathur and C. P. Lal, with him for the appellant.
it was challenged by Vireshwar Nath Rai on the ground that Dudh Naths fathers name was Shivadeni and number Ram Krit but numberproof was given in support of the objection and it was overruled on November 27.
One of the candidates, who later withdrew, filed an application at 3 25 P.m.
Naunit Lal for respondents Nos.
The election was sought to be set aside on the grounds, inter alia, that the numberination of respondent No.
I to 4.
Dudh Nath Kahar used to visit Baruin off and on but he was employed at Calcutta.
The numberination paper filed by Dudh Nath gave his parentage and age which more properly applied to Dudh Nath Kahar.
The person for whom Dudh Nath personated is Dudh Nath Kahar whose permanent house is at Jamuan, but his father lives at Baruin.
This order was passed at 1 P.m.
The Tribunal found that respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Dudh Nath, respondent No.
Allegations of major and minor companyrupt practices and number compliance with certain statutory rules were made but the Tribunal found in favour of the returned candidate on those points.
The first respondent having secured the highest number of votes was declared duly elected.
The Judgment of the Court was delivered by GHULAM HASAN J. This appeal preferred under article 136 of the Constitution against the order, dated May 4, 1951, of the Election Tribunal, Allahabad, setting aside the election of Sri Vashist Narain Sharma to the Uttar Pradesh Legislative Assembly, raises two questions for companysideration.
270 of 1952.
May 20.
Eight candidates filed numberinations to the Uttar Pradesh Legislative Assembly from Ghazipur South East Constituency No.
I to 5 respectively.
345, three withdrew their candidature and the companytest was companyfined to the remaining five.
The electoral roll Exhibit K of Gahmar gives Dudh Naths, fathers name as Shio Deni with numberalias and his age as 39, while the electoral roll of Pargana Zamania Monza Baruin Exhibit C gives Dudh Naths fathers name as Ram Krit and his age as In the electoral roll of Jamuan Dudh Naths age is entered as 34 but in the supplementary list it is mentioned as 30.
151 of 1953.
The votes secured by these candidates were as follows Vashist Narain Sharma 12868 Vireshwar Nath Rai 10996 Mahadeo 3950 Dudh Nath 1983 Gulab Chand 1768 They were arrayed in the election petition as respondents Nos.
When the numberination paper was filed on November 24, 1951, at 2 20 P.m.
The first question is whether the numberination of one of the rival candidates, Dudh Nath, was improperly accepted by the Returning Officer and the second, whether the result of the election was thereby materially affected.
