TRIBENI RAM Vs. SATYADEO SINGH AND OTHERS

JUDGEMENT

(1.) JUDGEMENT This is an appeal under S. 116-A of the Representation of the People Act, 1951 (hereinafter called the Act) against the order of the Election Tribunal, Azamgarh dismissing an election petition filed by Tribeni Rai appellant.

(2.) THE petition arose out of an election held in 1962 for membership to the V.P. Vidhan Sabha Deogaon Assembly Constituency No. 227 of district Azamgarh. The election was contested by the appellant and the five respondents. Polling took place on 19th February, 1962 and counting of votes was done continuously from 10 A.M. of 26th February to about 5 A.M. of 27th February, 1962. According to the counting, Sri Satyadeo Singh, respondent No. 1 secured 12505 votes, Sri Tribeni Rai, appellant, 12497 votes, Rama Shanker Singh, respondent No. 2, 11058 votes, Tej Bahadur Singh, respondent No. 3. 6350 votes. Ram Jug Yadava, respondent No. 4 3659 votes and Amardeo Ram, No. 5, 3588 votes. As a result, Satyadeo Singh, respondent No. 1 was declared elected. An election petition was then filed by the appellant praying that the election of respondent No. 1 be declared void and the appellant be declared duly elected. The grounds on which the petition was based were :

(3.) BEFORE proceeding to enquire in what circumstances a recount is permissible and whether such circumstances existed in the present case, we think it necessary to point out that the grounds on which an election petition may be filed and the powers exercisable by an election tribunal in dealing with it must be regarded as having been exhaustively dealt with by the Act and the rules made thereunder, and. general equitable considerations which are not recognised or supported by the Act or by the rules framed thereunder cannot be imported into proceedings relating to election petitions. This feature of the law relating to elections was emphasised by the Supreme Court in the case of Jagan Nath v. Jaswant Singh, AIR 1954 SC 210, in the following words :