REWACHAND Vs. ANANDSINGH KACHHAWAHA

JUDGEMENT

(1.) THIS is an appeal by Shri Rewachand and Shri Keshavsingh, election petitioners, under Section 116-A of the Representation of the People Act, 1951 (Act No. 43 of 1951, hereinafter called the Act) against the judgment and order of the Election tribunal, Jodhpur, dated the 29th November, 1963, dismissing their election petition.

(2.) THE appellants and respondents Nos. 1 to 8 stood up as candidates for election to the Rajasthan Vidhan Sabha from the Jodhpur City 1 Assembly Constituency at the General Election held in 1962. The poll took place on the 23rd February, 1962, as a result of which Shri Anand Singh, the contesting respondent was declared successful. This led to the institution of an election petition by the present appellants which was dismissed by the order under appeal. We consider, it unnecessary to set out the allegations on which the election petition was founded, for the purposes of the present judgment as certain preliminary objections have been raised before us on behalf of the contesting respondent as to the maintainability of the appeal, and some of these, in our considered opinion, go to the very root thereof and must result in its dismissal.

(3.) THE principal objections raised before us may be summarised as follows :