BALWAN SINGH Vs. LAKSHMI NARAIN

JUDGEMENT

(1.) Three candidates, Balwan Singh (hereinafter referred to as the appellant), Ram Dulari and Gaya Prasad, contested the election to the U. P. Legislative Assembly from the Akbarpur Rural Assembly Constituency No. 6, at the last general elections held in 1957. The polling of votes took place on February 28, 1957, and the result of the election was declared on March 2, 1957. The appellant secured the highest number of votes and was declared duly elected. A voter named Lakshmi Narain - who will hereinafter be referred to as the first respondent - submitted an application to the Election Commission of India to declare the election of the appellant Balwan Singh void on the ground inter alia that the appellant

(2.) Relying upon a judgment of the Allahabad High Court delivered on September 9, 1957, Mubarak Mazdoor v. K. K. Banerji, 13 ELR 310: (AIR 1958 All 858) in which, the practice to be followed in dealing with the allegations of corrupt practices, made in an election petition, on the ground of vagueness, was enunciated the first respondent applied for review of that order. The Election Tribunal, by its order, dated September 13, 1957, accepted the plea of the first respondent for review of the order, and directed that the order dated July 29, 1957, be set aside.

(3.) The appellant applied under Art. 227 of the Constitution, to the High Court of Judicature at Allahabad, challenging the correctness and propriety of the order of Election Tribunal reviewing its order dated July 29, 1957. By this order dated March 6, 1958, the High Court substantially confirmed the order passed by the Tribunal. The High Court observed that the Tribunal had jurisdiction to review its earlier order, and that in the circumstances of the case it was unnecessary to decide whether the order dated 13-9-1957, was properly passed because the order dated July 29, 1957, was "unjust and improper," and the matter having been brought before it in a proceeding under Art. 227 of the Constitution, the High Court could rectify the error by setting aside the earlier order, Pursuant to the order passed by the High Court the averments made in Cl. (f) of para. 9 were restored, and Ann. D-1 was incorporated in the petition.