LAXMI SHANKER YADAV Vs. KUAWAR SHRIPAL SINGH

JUDGEMENT

(1.) This petition by Lakshmi Shanker Yadav under Article 133 of the Constitution prays for the grant of a certificate of fitness to file an appeal to the Supreme Court against the judgment and decree of this Court dated 15-5-1959 passed in First Appeal No. 374 of 1958. The facts giving rise to it are as follows:

(2.) The petitioner and the opposite parties were candidates for election to the U. P. Legislative Assembly from the Shahganj Constituency No. 200 in the District of Jaunpur. The constituency was a double-member constituency in which one seat was reserved for a candidate of the scheduled caste. The petitioner, the first opposite-party, and some others were candidates for the general seat. At the election the first respondent having secured the highest number of votes was declared elected from the general constituency. Thereupon the petitioner preferred an electipn petition to the Election Commission and that Commission in due course appointed the District Judge, Jaunpur, as the Election Tribunal and referred that petition to him.

(3.) The election of the first opposite-party was challenged on a number of grounds relating to the commission of corrupt practices and illegalities in the conduct of the said election and it was prayed that his election be declared void and the petitioner be declared to have been duly elected. The first opposite party filed a written statement, and as there was a further prayer that the petitioner be declared duly elected he also made an application under Section 97 of the Representation of the People Act --(hereinafter to be referred to as the Act). On the pleadings of the parties a number of issues were struck, and the Tribunal after considering the evidence led by the parties thereon, dismissed the election petition. The petitioner then preferred an appeal to this Court and the latter by its judgment dated 15-5-1959 dismissed the appeal and upheld the election of the first opposite-party. Aggrieved by that decision, the petitioner now wishes to go up in appeal to the Supreme Court.