RAM DIAL Vs. SANT LAL

JUDGEMENT

(1.) When the hearing of the appeal had been concluded on March 18, 1959, we had informed the parties, as also the counsel for the Election Commission of India, that the appeal is dismissed with costs, and that the reasons would follow. We now proceed to give our reasons.

(2.) This is an appeal on a certificate of fitness granted by the High Court of Judicature for the State of Punjab at Chandigarh, against the judgment and order dated November 25, 1958, of that Court dismissing an appeal against the order of the Election Tribunal, Hissar, dated September 14, 1958, setting aside the appellant's election to the Punjab Legislative Assembly. The appellant was the successful candidate from the general seat which was a double-member constituency of Sirsa, the other successful candidate being a Harijan candidate-respondent No. 2 in this Court. The first respondent contested the general seat. The Election Commission of India was added as the third respondent by an order of this Court, dated February 27, 1959, when this Court was moved in the stay matter. This Court directed the case itself to be heard before the date fixed for the fresh election as a result of the order of the Election Tribunal.

(3.) It appears that for the double-member constituency of Sirsa, there were a large number of candidates. One of the two seats was reserved for members of the scheduled castes. After the usual withdrawals, sixteen candidates were left in the field to contest the two seats, eight candidates being for the general seat, and the other eight, for the reserved seat. We are not here concerned with the seat reserved for members of the scheduled castes. In respect of the general constituency, the appellant secured 27, 272 votes, whereas the first respondent secured 23, 329, as a result of the election which took place on March 12 and 14, 1957. The result of the election was declared on March 17, 1957.