SUDHANSU SEKHAR PANDA Vs. NATENDRA NATH DAS

JUDGEMENT

(1.) The appellant before us was the unsuccessful candidate at the last general election, from the Cental North Legislative Assembly Constituency, Midnapore, West Bengal. The election was held on March 7, 1957, and, in it, respondent No. 1, who was the rival candidate, was declared elected, he having secured 20586 votes as against the appellant's 20523. Respondent No. 2 was the Returning Officer.

(2.) In or about the beginning of May, 1957, the appellant applied for sotting aside the election of respondent No. 1 and for a further declaration that he (the appellant) had been duly elected. The application was duly sent by registered post to the Election Commission, New Delhi, which received it on May 3, 1957. It was registered as Election Petition No. 447 of 1957. By an order, dated July 2, 1957, the Chief Election Commissioner fixed the trial of the petition at Midnapore before Sri Surendra Mohan Banerjee (Sri S.M. Banerjee), District Judge, Midnapore, who was-constituted the one-man tribunal for the purpose. The 20th July, 1957, was fixed as the-date for the first appearance of the parties before the Tribunal and appropriate notices-were issued to them accordingly. The petition was forwarded to the Tribunal on July 10, 1957, and there the parties appeared and the respondents duly filed their written statements.

(3.) The petition has been dismissed by the Tribunal on the preliminary ground of non-compliance with the provisions of Section 117 of the Representation of the People Act, 1951, (Central Act No. 43 of 1951). The propriety of this decision is questioned in this appeal.