SATYA KETU Vs. ELECTION TRIBUNAL

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution by Sri Satya Ketu who was a returned candidate for a seat in the U.P. Legislative Council from Rohilkhand Graduate Constituency. An election petition was filed by Sri Shyam Sunder challenging the election of Sri Satya Ketu and apart from praying that the election of respondent No. 1 Satya Ketu be declared void also prayed that the petitioner Shyam Sunder be declared to be duly elected.

(2.) IN the election petition he made allegations that some invalid votes had been counted in favour of Sri Satya Ketu. In his written statement in paragraph 4 Sri Satya Ketu alleged as follows:

(3.) WE have heard learned for the parties at length on the question whether the respondent to an election petition can challenge the votes recorded in favour of the election petitioner otherwise than by giving a notice under Section 97 of the Representation of the People Act. The view taken by the Division Bench of this Court in Lakshmi Shanker's case, 22 Ele LR 47 (All) was that a respondent had a right to challenge the validity of the votes counted in favour of the election petitioner if the purpose of the challenge merely ware to indicate that the result of the election will not be affected even though some invalid votes had been counted in favour of the successful candidate because of invalid votes also having been counted in favour of the election petitioner. According to that Division Bench case Section 97 only applied to those cases where the respondent did not merelywish to defend his own election and show that the election remained valid but wanted further to show that although his election may be void the election of the election -petitioner also was invalid. Thus a clear distinction was made between a defence raised in order to defend his own title and an attack on the election petitioner's right to be elected. We need not repeat the reasons which have been elaborated by the learned Judges in that case. Suffice it to say that we respectfully agree with the conclusions arrived at in that case.