JOGAYA Vs. BETI JOGA

JUDGEMENT

(1.) THIS election petition under sections 80 and 81 of the Representation of the People Act, 1951 calls into question the election of the respondent Beti Joga to the Legislative Assembly of Madhya Pradesh from the konta Constituency in the General Elections held in March 1972. This constituency is reserved for Scheduled Tribes.

(2.) THE petitioner Jogaya was a rival candidate at the election as a congress nominee. The respondent was a Jansangh nominee. The petitioner alleges that the respondent's name was not entered in the electoral roll in force at the relevant time and, therefore, he was not qualified to stand as a candidate under section 5 of the Act. It is also alleged that the name of the respondent is Beti Joga out of which Beti is his family's surname. The entry in the relevant electoral roll on which reliance is placed by the respondent mentions the name 'beti Hadma'. The contention of the petitioner is that Beti hadma is the name of the father of the respondent and not of the respondent. In his written statement the respondent contends that he is known by two names Beti and Joga, and that Beti is not a surname. According to him pudiyami is the surname of his family.

(3.) ON the pleadings of the parties the following issues were framed :