GULAHER AHMAD Vs. ELECTION TRIBUNAL

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution of India directed against an order passed by the Election Tribunal, Chhalarpur in election petition no. 114 of 1957, on 28th August, 1957.

(2.) THE election out of which the election petition arose was to the legislative assembly of Madhya Pradesh from Amarpatan constituency. The tenth respondent shri Lal Behari Singh was a candidate but he retired from the contest under section 55-A of the Representation of the People Act, 1951 (hereinafter caned the act) on 19th February, 1957. At the election Shri Ram Hit Gupta, the second respondent was declared elected on 6th March, 1957. The petitioner, Shri Gulsher ahmed, was also a candidate, and he filed the election petition challenging the election of Shri Ram Hit Gupta. In his petition he did not join Shri Lal Behari Singh. Before the Election Commissioner a contention was raised that the petition was liable to be dismissed in view of the non-joinder of Shri Lal Behari Singh. The election Commissioner at first fixed the case for consideration of this objection, but later loft the matter open for the decision of the Election Tribunal and did not express any opinion. When the petition came before the Election Tribunal, the preliminary objection was taken up for consideration at the instance of Shri Ram hit Gupta. It may be mentioned that Shri Lal Behari Singh appeared and filed an application for being made a respondent to which the petitioner made no objection and thus Shri Lal Behari Singh came to be made a party to the dispute.

(3.) BY the order dated 26th August, 1957 the Election Tribunal dismissed the petition, purporting to act under Sub-section (3) of Section 90 of the Act.