RAMAYAN SHUKLA Vs. RAJENDRA PRASAD SINGH

JUDGEMENT

(1.) This appeal is directed against an order dated the 22nd January, 1958, passed by Mr. Ramjiwan Sinha, Sole Member of the Election Tribunal at Muzaffarpur. The petitioner, who filed the election petition, is the appellant in this Court.

(2.) The constituency in question in this case is the Darauli double-member constituency of the Bihar Legislative Assembly. Nomination papers were filed in time on behalf of nine persons for the general as well as reserved seats including the successful candidates, Shri Rajendra Prasad Singh and Shri Basawan Ram, who are respondents Nos. 1 and 2, petitioner Ramayan Shukla, one Shivdayal Dubey and one Lakshman Raut. The Returning Officer rejected all the four nomination papers filed on behalf of Shivdayal Dubey, and accepted the nomination papers of others including one filed by Lakshman Raut. In his election petition, the petitioner impugned the election on the grounds (1) that the Returning Officer had improperly rejected the nomination papers of Shivdayal Dubey, (2) that he had improperly accepted the nomination paper of Lakshman Raut. and (3) that respondent No. 1 was guilty of corrupt practices. The Tribunal arrived at findings against the petitioner on all these points. Hence it upheld the election and dismissed the election petition.

(3.) Appearing on behalf of the petitioner-appellant, Mr. Kanhaiya Prasad Varma has put forward the argument that the Returning Officer improperly rejected Shivdayal Dubey's nomination papers. He has not pressed the ground of improper acceptance of the nomination paper of Lakshman Raut. So far as the alleged corrupt practices are concerned, he has only pressed for our acceptance the allegations (a) that Shri Rajendra Prasad Singh, respondent No. 1, and his brother Radha Mohan Singh and others carried voters on station wagon No. WGJ 1995 on the 2nd March, 1957, from village Mairitanr to the polling station at Barpalia, and (b) that workers and relations of respondent No. 1 namely, Shri Ramji Singh, Shri Singhasan Singh and Shri Bishwanath Singh, carried voters on a hired cart from village Chetaur to the polling station at village Jaijore. He has not urged any other point.