NETRAM Vs. LAKSHMAN PRASAD

JUDGEMENT

(1.) This appeal and First Appeal No. 18 of 1959 raise common questions for decision. This order shall accordingly dispose of both the appeals.

(2.) These are appeals under Section 116-A of the Representation of the People Act, 1951 (herein after called the Act), from the orders of the Election Tribunal, Rajnandgaon, dismissing the election petitions filed by the appellants for declaring the election of the respondents to the Section Legislative Assembly to be void under Section 100(1) (c) of the Act.

(3.) The present appellant claimed to be an elector on the roll of the Bemetara Constituency. His status as an elector was denied by the respondents before the Tribunal, but was not contested before us. During the last general elections to the State Legislative Assembly, respondent No. 1 was a candidate for the general seat and respondent No. 2, for the reserved seat, of the Bemetara Constituency. One Dhansingh had filed three nomination papers for the general seat of that Constituency, but his nomination was rejected by the Returning Officer. As a result of the poll, the respondents were declared to be duly elected for their respective seats. The case of the appellant was that Dhansingb's nomination was improperly rejected, and accordingly the election of the respondents was void under Section 100(1) (c) of the Act. Alternatively, he claimed that the election of respondent No. 1 was void. The Tribunal rejected his contention and dismissed his election petition.