VITHALRAO RAJARAM HINGWE Vs. M K JOSHI

JUDGEMENT

(1.) THIS appeal has been filed under the provisions of Section 116-A of the Representation of the People Act, 1951, and a preliminary objection has been taken to its maintainability. The circumstances under which the preliminary objection comes to be raised are as follows:

(2.) THE respondent No. 2 Narayan Eajaram Kale and the respondents Nos. 3 to 5 and one Mahadeo Tukaram Thakre were candidates for the election from the Arvi Constituency to the Legislative Assembly of the State of Maharashtra at the last General Elections. The election was held on 22-2-1962. The respondent No. 2 Narayan was declared elected. He got 26,337 votes, whereas Mahadeo Tukaram Thakre got 25, 156 votes. After the declaration of the result, Mahadeo Thakre filed an election petition which was referred by the Election Commission for disposal to the Election Tribunal at Wardha. During the pendency of the election petition Mahadeo Thakre passed away on 26-8-1962 and consequent upon his passing away, the election petition abated under the provisions of Section 114 of the Representation of the People Act. The Tribunal declared the petition to have abated and on 31-8-1962 ordered that the notice of abatement should be published in the Official Gazette under Section 114 of the Act. The Tribunal also ordered that the case may be put up after the publication of the notice in the Official Gazette for proper orders. The notice was published in the Maharashtra Government Gazette on the 13th September 1962.

(3.) NOW, Section 115 of the Representation of the People Act requires that after a notice of abatement of an election petition is published under Section 114,