SUNDER LAL CHECHANI Vs. SAMPAT LAL

JUDGEMENT

(1.) THIS is an appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the Act), by one Sunder Lal Chechani whose petition challenging the validity of the election of Sampat Lal respondent to the mavli constituency of the Rajasthan Legislative Assembly at the general election of 1962 was dismissed by the election Tribunal, Udaipur, on August 7, 1962.

(2.) THE petition, as originally filed on April 11, 1962, was based, on two grounds contained in paragraphs 4 and 5 of the petition which run as follows,--

(3.) KESAR Singh was dismissed from service by an order of the Superintendent of police, Udaipur dated May 29, 1961 (Ex. 3) and five years had not elapsed since then. The disqualification prescribed under Section 7 (f) therefore continued to subsist. In paragraph 4 of the petition it was alleged that the dismissal of Kesar singh was not based on the finding of corruption, or disloyalty to the State and therefore Section 7 (f) was not applicable. Further, it was contended on his behalf before us that the provision contained in Section 33 (3) is only applicable to corruption, or disloyalty to the State. We are unable to accept this contention. In our opinion such a contention is completely ruled out by Section 33 (3) which runs as follows,-