SAGARA SINGH Vs. CHAJJU RAM

JUDGEMENT

(1.) IN the J & K Assembly elections in 1952 the following persons stood for election to the legislative Assembly from the Samba constituency-

(2.) THESE persons were validly nominated, but on 5 -2 -62, the date of scrutiny held by the returning officer Th. Sher Singh Tehsildar the nomination papers of Desraj, Vir Chand, Durgadas and Mangat Ram were rejected and the nomination papers of others were accepted. Poll in the constituency took place on 24 -2 -62 and the counting was held on 27 -2 -62. The appellant before us was declared as the properly returned candidate to this constituency. Against this declaration of the appellant as the properly returned candidate from this constituency an election petition was presented by the respondent to the Election Commission. A Notification No. 82/4/J&K/62 dated 25th May 1962 was ifsued by the Election Commission appointing Shri Mohan Kishen Tikoo Addl. District and Sessions Judge Jammu for the trial of the petition. This gentleman was transferred from this job and consequently he resigned from this office also. Subsequently another Notification 82/4/J&K/62 dated 16th July 19b2 was issued by the Election Commission wherein it was stated.

(3.) SO . according to this Notification Mr Hari Krishan Sharma the then Addl. District & Sessions Judge was appointed as the Election Tribunal in the vacancy caused by the resignation of Mr. Mohan Krishan Tikoo When Mr. Hari Krishan Sharma became the District & Sessions Jammu, by means of a letter from the Secretary Election Commission No. 82/2/J&K/62/6898U dated 28 -1262 Mr. Hari Krishan Sbarma was to continue to exercise the powers of the Election Tribunal to hear this petition.