T.L.VENKATARAMA AYYAR, P.B.GAJENDRAGADKAR, A.K.SARKAR
Sheopat Singh – Appellant
Versus
Harish Chandra – Respondent
Judgment
VENKATARAMA AIYAR, J. : This appeal arises out of a petition filed by the first respondent. Harish Chandra, under S. 81 of the Representation of the People Act, 1951, hereafter referred to as the Act, for setting aside the election of the appellant to the Legislative Assembly of the State of Rajasthan from the Hanumangarh Constituency, in the General Election which was held in February and March 1957. Two candidates contested the seat, the appellant and one Ramchandra Chowdhury. The appellant polled 18,530 votes and Ramchandra Chowdhury 17,136 votes. The appellant was accordingly declared elected on March 18, 1957. On April 29, 1957 the first respondent who is a voter in the Constituency filed the petition, out of which the present appeal arises, alleging therein that the appellant had committed a number of corrupt practices in the conduct of the election, and praying that his election might accordingly be declared void. The appellant denied the allegations in the petition.
2. Though before the Election Tribunal and in the High Court the controversy ranged over several charges, before us it is limited to only one of them, and that was thus stated in para 3(d) of the petition
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