CHANDRA SHEKAR PRASAD SINGH Vs. JAI PRAKASH SINGH

JUDGEMENT

(1.) This is an appeal under Section 116A of the Representation of the People Act, 1951 (Act No. XLIII of 1951). The appeal is directed against the order dated the 20th March, 1958, passed by the Election Tribunal, Monghyr, by which the Tribunal set aside the election of the two appellants in this Court, who were respondents before the Tribunal. Jai Prakash Singh, the respondent in this Court, had filed the election petition praying that the election of the two candidates who had been declared elected on the 13th March, 1957, from Jhajha Assembly Double Member Constituency in the last General Election, be declared void. As stated above, for reasons given by the Tribunal, the petition was allowed and the election of the two returned candidates was declared void.

(2.) A number of points had been agitated before the Tribunal but the questions have been confined in this Court, first, to whether appellant Bhagwat Murrau was qualified to be chosen to fill a seat in the legislative Assembly of this State and secondly, to, the effect of setting aside the election of one of the elected candidates in a double-member constituency. I will, therefore, mention only those facts and circumstances which are relevant for the determination of the questions raised in this court.

(3.) In the last general election to the Bihar State Assembly held in the year 1957 six persons including the appellants had contested from the Jhajha Constituency. It was double-member constituency with one seat reserved for the Scheduled castes or the scheduled tribes. Bhagwat Murmu had fulfilled this condition for the reserved seat.