YUGAL KISHORE SINHA Vs. NAGENDRA PRASAD YADAV

JUDGEMENT

(1.) This is an appeal under Section 116-A of the Representation of the People- Act, 1951, (hereinafter to be referred to as the Act) by Yugal Kishore Sinha, who was the petitioner before the Election Tribunal Darbhanga, and had asked it to declare the election of the respondent, Nagendra Prasad Yadav, to the Lok Sabha from the 12th Sitamarhi Parliamentary constituency as void.

(2.) Besides the appellant and the respondent there were five other candidates, who had filed nomination papers to fill the said seat and the respondent was declared elected from the above mentioned constituency on the 1st March, 1962. The appellant thereafter submitted a petition before the Election Tribunal challenging the election of the respondent on two grounds. The first ground was that the respondent held benami in the name of his wife Smt. Vidyabati Debi a stage carriage permit No. 190/60 under the North Bihar Regional Transport Authority for plying a bus on Muzaffar-pur-Sitamarhi-Sursand route. It was said that this was "an office of profit" under the State Government and since the respondent was the real holder of the said office he was disqualified to be a member of the Lok Sabha under Article 102 (1) (a) of the Constitution of India. The second ground was that as the respondent was the real permit holder, he was, according to the terms of the contract embodied in the said permit, to carry mail for the Union Government and as such was also disqualified to be a member of the Lok Sabha under Section 7 (d) of the Act. On these grounds the appellant prayed that the election of the respondent be declared void.

(3.) The Tribunal rejected the contentions of the appellant and accordingly dismissed his petition. It is against this order of the Tribunal that the present appeal has been filed by the appellant.