MASOOD Vs. BIKRAM SINGH

JUDGEMENT

(1.) THIS election petition has been filed under Section 81 of the Representation of the People Act, 1951, (hereinafter referred to as the Act) by the candidate set up by Congress (Organisation) Party during the last General Elections held in February, 1974 and the only ground taken is that the election of the Bhartiya Kranti Dal candidate, respondent Vikaram Singh to the Uttar Pradesh Legislative Assembly from 383 Agota Assembly Constituency in district Bulandshahr be set aside because the nomination paper of the petitioner was. improperly rejected within the meaning of Section 100 (1) (c) of the Act.

(2.) THE relevant facts are that the petitioner was one of the eight candidates for 383 Agota Assembly Constituency. The notification for holding the General Elections was issued on the 17th of January, 1974. The dates fixed for filing of nomination papers were from 19th of January to 24th of January, 1974, and the date for scrutiny of nomination papers was the 25th of January, 1974, 26th of February, 1974 was the polling date and votes polled were counted on 28-2-1974 fixed for the purpose. The result was also declared on the same day. The petitioner filed two nomination papers on the proper form on 23-1-1974 (vide Ex. P-14 and certified copy Ex. R-1). Both these nomination papers were filed by the petitioner as Madood Ali, son of Tariqat Ali, post office Guthsoli, village Lohgara, district Bulandshahr. In both it was also mentioned that his name was printed at Serial No.76 in part 140 in the electoral roll of the Constituency. Subsequently, on 24-1-1974 he filed the third nomination paper (Ex. P-15) and in this his name was given as Masood alias Madood Ali and the rest of the details were the same. It is not in dispute that the necessary security money was duly deposited in the name of Madood Ali.

(3.) KEEPING in view the pleadings of the parties the following issues were framed :- Issues :-