LAWS(P&H)-1958-5-25

BARU RAM Vs. PARSANNI

Decided On May 13, 1958
BARU RAM Appellant
V/S
PARSANNI Respondents

JUDGEMENT

(1.) THIS is an appeal under section 116A of the Representation of the People Act, 1951, against the order of an Election Tribunal declaring the appellant's election void. The appellant, Shri Baru Ram, was elected to the Punjab Legislative Assembly from the Rajaund constituency in the Karnal District. Shrimati Parsanni, one of the contesting candidates, thereupon filed the election petition out of which this appeal arises. In this petition several corrupt practices were imputed to Shri Baru Ram and further it was claimed that the nomination of one of the candidates was improperly rejected by the returning officer. The Election Tribunal was not satisfied with the evidence called to prove the various corrupt practices but found that the nomination of one of the candidates, Shri Jai Bhagwan, was improperly rejected and the Tribunal, therefore, held the election to be void and declared it so.

(2.) MR . Aggarwal for the appellant contends that the nomination of Shri Jai Bhagwan was properly rejected, but that is not the only question in this case because Mr. Doabia on behalf of the respondent contends that apart from this matter the findings of the Election Tribunal in respect of some of the corrupt practices should be reversed and the final order of the Tribunal therefore maintained.

(3.) PART V of the Act is headed "Conduct of Elections" and its first chapter deals with nomination of candidates starting with section 30 of the Act. This provides for notification of the last date for making nominations, the date for the scrutiny of nominations, the last date for withdrawals, the date for the poll and the date for the completion of the election. Section 31 provides for public notice of the intended election. Section 32 says - -