SHAH MOHAMMAD UMAIR Vs. RAM CHARAN SINGH

JUDGEMENT

(1.) This is an application under Articles 226 and 827 of the Constitution, and arises out of an election petition filed by the petitioner, Shah Mohammad Umair, for a declaration that the election of Ram Charan Singh, opposite party No. 1 to the Bihar Legislative Assembly from the Kurtha Constituency was void, and also for a declaration that the petitioner had been duly elected. Three other persons, besides Ram Charan Singh, namely, Parasnath Sharma, Rajaram Singh son of Sri Dukharan Singh, and Rajaram Singh son of Sri Mukhlal Singh, were" made respondents to the election petition. These three persons and the opposite party No. 1 and the petitioner were validly nominated candidates at the election, that is to say, they had not withdrawn their candidature. There were three other persons, namely, Siasaran Singh, Ramprakash Mahton and Balmiki Mahton, who were duly nominated candidates for the election, but, within the time allowed, they had withdrawn their candidature & they were not in the field at the time of the actual election. These three persons" were not made parties to the election petition. A point was raised on behalf of Ram Charan Singh, the only contesting respondent, that the election petition should be dismissed on the preliminary ground of non-joinder of these three persons and that the Election Tribunal need not go into the merits of the petition. Issue No. 2 ran as follows :

(2.) The election petition was heard on issue No. 2 only and also on the question as to whether the petition for amendment should be allowed. The Election Tribunal, by a majority of 2 to 1, held that the election petition was not maintainable because of the non-joinder of the aforesaid three persons, and the amendment of the petition sought for should not be allowed; and the election petition was dismissed.

(3.) Article 329, Sub-clause (b) of the Constitution provides that "no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature." In accordance with the provision aforesaid, the Representation of the People Act (43 of 1951) providing "for the conduct of elections to the House of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt and illegal practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections," was enacted by Parliament in 1951. This Act will hereafter be referred to as the Act in the course of my judgment.