NAUNIHALSINGH Vs. KISHORILAL PALIWAL

JUDGEMENT

(1.) This appeal under Section 116-A of the Representation of the People Act, 1951, (hereinafter called the Act), has been filed by Naunihalsingh, an elector, whose petition challenging the election of Kishorilal Paliwal, respondent 1, and Nabha, respondent 2, to the Madhya Pradesh Legislative Assembly from Gadarwara Double Member Constituency, for the general and reserved seat respectively, was dismissed by the Election Tribunal, Hoshangabad. The returned candidates have filed a cross-objection for costs.

(2.) Kishorilal Paliwal and Nabha, respondents 1 and 2, were set up as candidates for the election by the Congress party for the general and reserved seat respectively of the Gadarwara Double Member Constituency. Niranjansingh, respondent 3, and Gokul, respondent 4, were likewise set up for election to the general and reserved seat respectively, by the Praja Socialist Party, Ramgulam, respondent 5, and Ramchand Paliwal, respondent 6, were independent candidates for the general seat. They secured the following number of votes: 1. Kishorilal Paliwal. ..19327. 2. Nabha. ...21885. 3. Niranjansingh. 4. Gokul. ...13632. ...13496. 5. Ramgulam. 6. Ramchand Paliwal. ...3684. ...1044. Accordingly, Kishorilal Paliwal, respondent 1, was declared as elected for the general seat and Nabha respondent 2, for the reserved seat.

(3.) The contesting candidates who were not elected, viz., respondents 3 to 6, were ordered by the Election Tribunal to be struck off the record as they were not necessary parties. However, they were joined in the appeal as respondents as they were shown as parties in the title of the order of the Election Tribunal. Out of them, respondents 4 to 6 were served but remained absent, and respondent 2, Niranjansingh, was ordered to be struck off the record as he could not be served.