CHANDRASHEKHAR SINGH Vs. SARJOO PRASAD SINGH

JUDGEMENT

(1.) This appeal under Section 116-A of the Representation of the People Act, 1951 (Central Act XLIII of 1951) -- hereinafter to be referred to as the Act --is by Shri Chandrashehhar Singh (hereinafter to be referred to as the appellant) against the order dated 21st March, 1959, of the Election Tribunal dismissing the appellant's election petition challenging the validity of the election of Shri Sarjoo Prasad Singh (hereinafter to be referred to as the respondent or the 1st respondent) and Shri Medini Paswan (hereinafter to be referred to as the second respondent) to the Bihar Legislative Assembly from the Begusarai Double Member Constituency.

(2.) The appellant and the respondents along with others were candidates for election to the Bihar Legislative Assembly from the Begusarai Double Member Constituency during the last General Election held from the 25th of February, 1957 to 12th of March, 1957. The appellant was a candidate set up by the Communist Party of India for the General seat, the 1st respondent was set up by the Congress Party for the General seat and the 2nd respondent contested the Reserved seat on behalf of the said Party, The result of the election was announced on the 21st March, 1957 The 1st respondent polled 38637 valid votes, the 2nd respondent got 39519 votes and as against this the appellant got only 37791 votes.

(3.) The validity of the election was challenged on several grounds. The 11th issue framed by the learned Member of the Tribunal was: