K C SHARMA Vs. KRISHI PANDIT RISHAB KUMAR

JUDGEMENT

(1.) This is an appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter called the Act against the order of the Election Tribunal, Chhatarpur, dated 16-7-1958 by which the appellant's election petition under Section 81 of the Act calling in question the election of the respondents 1; and 2 from the Khurai Rural Constituency to the Slate Legislative Assembly was dismissed.

(2.) The constituency in this case is a double-member constituency, one of the seats being reserved for a member of the Scheduled Castes. The polling took place on 9-3-1957 and the respondents 1 and 2, who secured the largest number of votes, were declared elected to the general and the reserved seat respectively. On 25-4-1957, the appellant, who contested the election for the general seat, filed his election petition alleging that the respondent 1, and others acting for the respondents 1 and 2, had committed a number of corrupt practices detailed in schedules A and B and that the respondents 1 and 2, who suppressed or imperfectly disclosed their election expenses detailed in schedule C, incurred expenditure in excess of the scale prescribed for the election under Section 77(3) of the Act. The appellant prayed that the election of the respondents 1 and 2 might be declared void and that he might be declared as duly elected.

(3.) The respondents 1 and 2 filed their written statements denying the allegations. It was pleaded that since the details given in schedules A, B and C were vague, indefinite and lacking in particulars, which had to be given under Section 83(1)(b) of the Act, the petition deserved to be rejected summarily. In any event, the allegations lacking in particulars might be ignored and the enquiry restricted to only those allegations which were not wanting in necessary particulars.