BABURAO TATYAJI BHOSLE Vs. MADHO SHRIHARI ANEY

JUDGEMENT

(1.) WE are concerned in this appeal with an election from the Nagpur-Umrer Parliamentary Constituency held to fill a casual vacancy in the House of the People as required by Section 149 of the Representation of the People Act, 1951, (Act No. 43 of 1951) (hereinafter referred to as the Act ).

(2.) THE following dates are material for the purposes of the appeal: the notification cal-ling upon the Constitu-ency to fill the vacancy (under S. 149 of the Act)was issued on 10th December 1958 the last date for fil-ing nominations by can-didates standing for the election (under S. 30) was 20th December 1958 the last date for withdrawing one's candi-dature (under S. 37) was 26th December 1958 the actual polling at the election (under S. 56) 31st January and took place on 1st February 1959. The counting of votes was commenced on 2nd February, 1959 and completed by 3rd February, 1959 on which date the result of the election was declared.

(3.) AT the election, the contest was between three persons. They were (1) the respondent Madhav Shrihari Aney who was supported by the Congress Party and by the Vidarbha Andolan Samiti; (2) Raja-bhau Khobragade who was supported by the Samyukta Maharashtra Samiti; and (3) Haridas Damaji Awade who stood as an independent candidate. There was a fourth person who had filed his nomination, N. L. Belekar, but he withdrew his candidature within the time allowed and was not a contesting candidate. The successful candidate was the respondent M. S. Aney, who secured 1,27,025 votes, Rajabhau Khobragade secured 68,957 votes and Haridas Damaji Awade secured 11,448 votes.