RAMAKANT KESHEORAO Vs. BHIKULAL LAXMICHAND

JUDGEMENT

(1.) THIS is an appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter called the Act), which is directed against the order of the election Tribunal, Chhindwara, dismissing the appellant's election petition for declaration that the election of respondent No. 1 to the House of the People from the Chhindwara Parliamentary Constituency was void.

(2.) THE election Petition was filed by Lekhram (P. W. 4) who was an elector on the roll of the Chhindwara Parliamentary Constituency from Parasia. The Election tribunal granted him leave under Section 109 of the Act to withdraw the election petition. Thereafter, the appellant, who was respondent No. 6 in the ejection petition, was, on his application under Section 110 (3) (c) of the Act, substituted by the Election Tribunal in his place and allowed to continue the proceedings.

(3.) THE Chhindwara Parliamentary Constituency is a double-member constituency, one of the seats being general and the other reserved for a member of the scheduled tribes. Respondents Nos. 1 to 7, respondent No. 11 and the appellant were candidates for the general seat, and respondents Nos. 8 to 10, for the reserved seat. No objections were raised to their nomination. Subsequently respondents Nos. 2 and 4, and the appellant withdrew their candidature.