BHUSAN SARAN Vs. ONKAR SINGH

JUDGEMENT

(1.) THIS is a writ petition praying for the issue of a writ of certiorari quashing the judgment and proceedings of an Election Tribunal. The dispute in connection with which the case before the election Tribunal arose related to the election of members of ward No. 3 of Pilibhit municipality. This ward is a two member constituency. The election for membership is said to have been held on 26-10-1953. The following four persons were rival candidates for membership of Pilibhit Municipality from the said ward:

(2.) ON 27-11-1953 an election petition was filed by 14 voters of the said ward against Sri bhushan Saran, one of the elected candidates, praying for a declaration that the election of the said candidate from ward No. 3 was invalid and for a further declaration that Sri Hargopal be declared to have been duly elected in his place. This election petition was based on a number of grounds. It is not necessary to mention all of them here. The ground that is relevant at this stage is, that the election was invalidated by reason of the improper rejection and improper admission of votes. In this connection reference was made to the following forn voters on the electoral roll : serial Name Husband's Name Mohalla number in the ll electoral rolllectoral roll 26 Ram Kali Kishan Lal Asaf Jan 439 Dhanka Brij Bhukan Lal Mohtashim devikhan 443 Rani Devi Rishi Ram Do. Sharma 226 Asudan Maula Bux Khairullah shah

(3.) THE case of the petitioners in the election petition was that none of the above-mentioned lour voters voted for Sri Bhushan Saran in the first instance and that all the four voters mentioned above cast their votes only by tendered votes in favour of Hargopal. d for Sri Bhushan Saran in the first instance and that all the four voters mentioned above cast their votes only by tendered votes in favour of Hargopal.