KAUSHALENDRA PRASAD NARAYAN SINGH Vs. R P SINGH

JUDGEMENT

(1.) The petitioner, Kaushalendra Prasad Narayan Singh, a defeated candidate at the last general election to the Bihar State Legislative Assembly from the Asthawan constituency moved this Court, under Articles 226 and 227 of the Constitution, and, obtained a rule against the respondents to show cause why the order of the Election Tribunal, of which respondent No. 1 was the sole Member, passed on the 29th August, 1957, entertaining the recrimination petition filed, and, the notice given, by the successful candidate, Nand Kishoro Prasad Singh, respondent 2, as required by the Proviso to Sub-section (1) of Section 97 of the Representation of the People Act, 1951, (Act No. XLIII of 1951), hereinafter referred to as "the Act", should not be set aside.

(2.) Cause has been shown by the learned Advocate General on behalf of the successful candidate, respondent 2, & by the learned Government Pleader on behalf of respondent 1, the Election Tribunal.

(3.) The case of the petitioner, in his affidavit, is that he was a candidate for election along with three others, namely, respondents 2 to 4, of whom respondent 4, Shyamnarain Singh retired from the contest before the commencement of the polls. Poll was, therefore, taken between the petitioner and respondents 2 and 3, and, the result of the poll was announced on the 12th March, 1957, as a result of which respondent 2, Nand Kishore Prasad Singh, was declared elected. The petitioner, thereafter, filed an election petition in due time under Section 80 of the Act calling in question the election of respondent 2. In this election petition, the petitioner, in accordance with Section 84 of the Act, in addition to claiming a declaration that the election of the returned candidate, respondent 2, is void, claimed a further declaration that he himself has been duly elected.