VASHIST NARAIN SHARMA Vs. DEV CHANDRA

JUDGEMENT

(1.) THE Judgment of the court was delivered by :

(2.) THIS appeal preferred under article 136 of the Constitution against the order, dated 4/05/1951, of the Election tribunal, Allahabad, setting aside the election of Sri Vashist Narain Sharma to the Uttar Pradesh Legislative Assembly, raises two questions for consideration. The first question is whether the nomination 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.

(3.) IN C. M. Karale v. -Mr. B. K. Dalvi etc. (2), the tribunal held that the onus of proving that the result had been materially affected rests heavily on the petitioner of proving by affirmative evidence that all or a large number of votes would have come to the returned candidate if the person whose nomination had been improperly accepted had not been in the field.