SHEO SADAN SINGH Vs. MOHAN LAL GAUTAM

JUDGEMENT

(1.) This appeal under Section 116-A of the Representation of the People Act, 1951 arises from the decision in Election Petition No. 40 of 1967 on the file of the High Court of Judicature at Allahabad. In that petition the appellant challenged the elections of the respondent to the U. P. Legislative Assembly from Iglas Constituency in the general election held in February 1967. In that election the appellant, the respondent and four others contested. The respondent secured 10,705 votes more than the appellant. Other candidates secured less votes than the appellant. The appellant challenged the election of the respondent on various grounds, most of which were given up either in the trial Court or in this Court. The High Court dismissed the election petition. Against that order the appellant has come up in appeal.

(2.) Before going into the merits of the appeal, it is necessary to deal with the preliminary objections to the appeal, taken by the respondent. The first objection taken was that the petition was not maintainable as it was not properly presented. The second objection was that the petition ceased to be maintainable at a result of the dissolution of the U. P. Legislative Assembly as per the Presidents Proclamation of April 15, 1968 under Article 356 (1) of the Constitution. That Proclamation was issued during the pendency of this election petition before the High Court.

(3.) The High Court rejected both those contentions but those contentions were again pressed for acceptance at the bearing of this appeal.