RAMNARAIN RAMGOPAL CHAMEDIYA Vs. RAMCHANDRA JAGOBA KADU

JUDGEMENT

(1.) THIS is an appeal under Section 116-A of the Representation of the People Act, 1951 (No. XLIII of 1951), hereinafter called the Act of 1951.

(2.) THE appellant Ramnarain is the defeated candidate. Ramnarain and respondent Ramchandra were two rival candidates for election to the Bombay Legislative Assembly from the Yeotmal Assembly constituency.

(3.) FACTS material for the purposes of this appeal, which are not in dispute, in brief are: Respondent's name appeared at two places in the electoral roll of the Yeotmal Assembly constituency. It appeared once at No. 572 in village Gharfal and second time at No. 816 in Yeotmal town. Both Gharfal and Yeotmal fall within the area comprising Yeotmal Assembly constituency. In the nomination paper submitted by the respondent, he had mentioned his electoral roll No. as 572 of Gharfal. No objection was taken to his nomination paper. Elections were held on 6-3-1957. Respondent cast his vote at Yeotmal and obtained the ballot paper on the electoral roll No. 816 of Yeotmal town. It is to be noted that he had not voted twice, i. e. once on roll No. 816 of Yeotmal and second time on roll 110. 572 of Gharfal. The counting of votes was completed by 8-3-57 and on that day the result was declared. The respondent obtained highest number of votes and he was declared duly elected. The result of the elections was duly published in the official gazette on 4-4-1957. It is to be noted that prior to the date of election the respondent wag a sitting member of the Bombay Legislative Council and was also receiving pay in that capacity. He tendered resignation of his seat in the Bombay Legislative Council on 24-3-1957. On 21-4-1957 the appellant made an election petition before the Election Commission of India. This election petition was then referred for trial to the Election Tribunal Wardha.