LAWS(GAU)-1958-4-9

BISWANATH UPADHAYA Vs. HARALAL DAS AND ORS.

Decided On April 16, 1958
Biswanath Upadhaya Appellant
V/S
Haralal Das And Ors. Respondents

JUDGEMENT

(1.) THIS is an appeal under Section 116 -A of the Representation of the People Act, hereinafter called the Act, against the order of Mr. S.K. Dutta, Member, Election Tribunal, setting aside the election of Sri Biswanath Upadhaya the Appellant from the Patherkandi constituency of the Assam Legislative Assembly.

(2.) ON 25 -2 -1957, the General Election of Assam Legislative Assembly in the Patherkandi Assembly constituency was held, The Appellant Sri Biswanath Upadhaya, who was Respondent No. 1 before the Tribunal, Sri Debendra Singh, who was Respondent No. 4 before the Tribunal and Sri Baidyanath Mukherjee Respondent No. 6 before the Tribunal, hereinafter called the Appellant, Respondent No. 4 and Respondent No. C were the rival candidates for the general scat.

(3.) COMING to the merits of the case, the Tribunal found that the nomination of Respondent No. 5 Sri Haramohan Ray was wrongfully accepted inasmuch as he did not attain the age of 25 years on the date of the filing of the nomination papers not even when the results of the election were announced. Bat he held that the results of the election, so far it concerned the returned candidates were not materially affected by this wrongful acceptance and thus the election was not liable to be set aside.