JAGADANANDA ROY Vs. RABINDRA NATH SIKDAR

JUDGEMENT

(1.) This is an Election Appeal, seeking for the reversal of an order, setting aside the election of the Falakata Legislative Assembly Constituency of Jalpaiguri, West Bengal. The applicant was the successful candidate at the polls. His election was challenged by the Respondent No. 1, who petitioned inter alia for setting aside the said election on the ground, amongst others, that the appellant was a disqualified candidate, he not having attained the minimum age of 25 years at the relevant date as required by Article 173 (b) of the Constitution. Respondent No. 2 was the other unsuccessful candidate at the polls and Respondent No. 3 was the Returning Officer.

(2.) The Constituency is a single-member Constituency. Three candidates namely, the appellant and Respondents Nos. 1 and 2, went to the polls. Of them, the appellant secured 14720 votes, Respondent No. 1 14427 votes and Respondent No. 2 1979 votes. The appellant was declared elected and, thereafter, his election was challenged by Respondent No. 1 and, that challenge having succeeded before the Tribunal, the appellant has preferred this appeal.

(3.) The petitioner (Respondent No. 1) also prayed that, on declaration that the appellant's election was void, he (Respondent No. 1) should be declared duly elected. This latter declaration has been refused by the Tribunal and, against that refusal, there is a cross-objection in this appeal on behalf of the said petitioner (Respondent No. 1).