MADAN MOHAN Vs. BANKATLAL

JUDGEMENT

(1.) This is an application under Arts. 226 and 227 of the Constitution by Madan Mohan praying for the issue of a writ of certioran or other appropriate writ or order in connection with the decision of an election petition against the applicant by the Election Tribunal at Bikaner.

(2.) The facts, which have led to this application, are these:

(3.) General elections were held in Rajasthan in January 1952 for the Rajasthan Legislative Assembly. The applicant way a candidate in that election from the Parbatsar (assembly) constituency, and was declared elected after contest. On 96- 1952, Bankatlal, opposite party, presented an election petition to the Election Commissioner against the election of the applicant. This petition was assigned by the Election Commission to the Tribunal at Bikaner, which consisted of Shri M.P. Asthana as Chairman, and Shri M.C. Bhandari and Shri Goverdhandas T. Gajria as members. Shri Badri Prasad, Kunwar Dalipsingh, Thakur Karansingh and Thakur Shiv Singri opposite parties in the present application were not made parties to the Election petition. In October, 1952, the applicant objected before the Election Tribunal that as these four persons had not been made parties to the election petition, the petition was not according to law and must be dismissed. The Election. Tribunal, by its order dated 19-11-1952, however, refused to dismiss the petition and instead ordered that these four persons should be made parties to the election petition. This order was carried out and eventually the Tribunal gave judgment on 24-1-1953, declaring the election of the applicant void, and rejecting the further contention of the applicant that as these four persons had been made parties after the period of limitation, the petition should be dismissed as it was not filed within the time prescribed by law.