KAMAL NARAIN Vs. DWARKA PRASAD MISHRA

JUDGEMENT

(1.) This is an appeal under section 116 -A of the Representation of the people Act, 1951, as it stood before the amendment of 1966, (hereinafter called "the Act"), from a decision of the Election Tribunal, Raipur.

(2.) AFTER the general elections of 1962 the Kasdol Legislative Assembly constituency was called upon to elect a person for the purpose of filling a vacancy in the Madhya Pradesh Legislative Assembly. The appellant (hereinafter also called "the petitioner") was a candidate set up by the Praja Socialist Party; Shri D.P. Mishra, respondent No. 1, (hereinafter called "the respondent") was the Congress candidate; and one Purushottamdas was an independent candidate. Kanhaiyalal Mishra (respondent No.2) had also filed his nomination paper as a Congress candidate, but he withdrew his candidature when the respondent's nomination paper was accepted. Poll was taken on May 4, 1963. The appellant got 4611 votes; the respondent 11528 votes; and Purushottamdas 850. The respondent was declared elected.

(3.) 1970 JLJ 342].