BRIJENDRA SWARUP Vs. ELECTION TRIBUNAL AT LUCKNOW

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution filed by Dr. Brijendra Swarup.

(2.) THERE was an election held for the Uttar Pradesh Legislative Council from the U. P. Graduates constituency (West), in the year 1952 and three candidates were elected, they being Dr. Brijendra Swarup, Dr. Ishwari Prasad and Shri Beni Prasad Tandon. Sri Batan Shukla challenged the election by a petition which he filed on 4-8-1952. The relief claimed by him in the petition was to the following effect:

(3.) A number of grounds were raised in this petition. They were grounds Nos. 10 to 14 and 19 to 28 and a plea was taken, in an objection filed by Dr. Erijendra Swarup, that these paragraphs contained allegations which were not relevant to relief (c) of Section 84, Representation of the people Act. 1951 (Act 43 of 1951), A reference to Section 100 of the Act would make the point clear. Section 100 (1) is as follows: