SHANTI SWAROOP SHARMA Vs. ABDUL REHMAN FAROOQUI

JUDGEMENT

(1.) THIS appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter called the Act), is directed against an order of the Election Tribunal, chhindwara, dated 24 September 1962 whereby, on an election petition filed by abdul Rehman Farooqui (respondent) whose nomination was rejected by the returning Officer, the election of Shanti Swaroop Sharma (appellant) to the madhya Pradesh Legislative Assembly from the Parasia constituency was declared to be void on the ground that the nomination of Abdul Rehman Farooqui was improperly rejected.

(2.) SHANTI Swaroop Sharma Las also filed First Appeal No. 8 of 1963 against another order passed by the same Tribunal on 22 December 1962 by which, on an election petition filed by an elector Shamshul Haque, the same election was again declared to be void on two grounds: (i) The nomination of Abdul Rehman Farooqui was improperly rejected. (ii) The returned candidate committed certain corrupt practices. This judgment shall dispose of the two appeals.

(3.) IN the general elections held ' in the first quarter of 1962, Shanti Swaroop sharma, Kashi Prasad Verma, Ramswaroop, R. K. Haldulker, Hariprasad and Abdul rehman Farooqui filed their nomination papers for the Parasia Assembly constituency. While the two papers filed by Abdul Rehman Farooqui were rejected, those filed by the other five candidates were accepted. The poll took place on 19 february 1962 with the following result: contesting Candidates Number of votes polled. Shanti Swaroop Sharma 16,803 kashi Prasad Verma 8,223 ramswaroop 2,516 r. K. Haldulker 1,426 Hariprasad 854 in accordance with this result, Shanti Swaroop Sharma was declared duly elected from the constituency.