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1999 Supreme(SC) 422

K.VENKATASWAMI, SUJATA V.MANOHAR
Aklu Ram Mahto – Appellant
Versus
Rajendra Mahto – Respondent


Judgment

Mrs. Sujata V. Manohar, J.-These appeals have been filed under Sec­tion 116A of the Representation of the People Act, 1951. In January 1995 the Election Commission of India issued a notification for election, inter alia, to the Legislative Assembly of the State of Bihar. The last date for filing nomination papers for Bokaro Assembly Constituency No. 279 was 23.1.1995. The appellant and the respondents in the two appeals filed their nomination papers from the Bokaro Assembly Constituency. Scrutiny of nomination papers took place on 24.1.1995. The nominations of the respondents in the two appeals were rejected on the ground that the respondents Rajendra Mahto and Ashok Kumar Srivastava were Managing agents of Bokaro Steel Plant belonging to the Steel Authority of India Ltd. Hence they were disqualified under Section 10 of the Representation of the People Act, 1961.

2. At the election, the appellant was elected from the Bokaro Assembly Constituency. The two respondents filed separate election petitions challenging the election of the appellant on the ground that their nomination papers were improperly rejected. They have succeeded in the election petitions before the High Court






















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