JAMUNA PRASAD Vs. JOGENDRA PRASAD

JUDGEMENT

(1.) These two applications in revision are directed against an order dated 8-8-1949, of Mr. P. K. Nag, as an Additional Election Commissioner of Muzaffarpur.

(2.) The order in question arises out of an election petition presented by three unsuccessful candidates against three returned candidates, namely, the applicant in Civ. Revn. No. 679 of 1949, Jamuna Prasad Tripathi, Ramdhari Prasad (since dead) and Jagat Prasad Singh, the respondent opposite party in Civ. Revn. No. 773 of 1949, in connection with the last District Board election held in May and June, 1947, in respect of police-station Muzaffarpur-- Kamtaul Kanti constituency. The respondent Ramdhari Prasad having died subsequent to the presentation of the election petition, a fresh bye-election was held in respect of the vacancy so caused, and his name was expunged from the election petition. The election petition, therefore, is now concerned only with the election of the returned candidates Jamuna Prasad Tripathi and Jagat Prasad Singh, the surviving respondents named in that petition.

(3.) The election petition raised various grounds of objection to the return of the candidates concerned. It would be unnecessary to refer to all the other grounds except those on which the election petition succeeded before the Election Commissioner.