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1988 Supreme(SC) 49

E.S.VENKATARAMIAH, K.N.SINGH
Shiv Charan Singh – Appellant
Versus
Chandra Bhan Singh S/o Mahavir Singh – Respondent


Advocates:
B.DUTTA, JITENDRA SHARMA, M.R.CALLA, N.M.GHATATE, S.V.DESHPANDEY, Y.S.Chitale

Judgment

SINGH, J.:- These two appeals under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the Act) are directed against the judgment and order of the High Court of Rajasthan at Jaipur dated 22nd October, 1986 setting aside the appellants election to the Legislative Assembly of the State of Rajasthan. Election to the Rajasthan Legislative Assembly constituency No. (80 Karauli) was held in 1985. The appellant and 10 other candidates contested the election from the aforesaid assembly constituency. The Returning Officer declared the appellant duly elected on his having obtained majority of valid votes. Chandra Bhan Singh, respondent No. 1, filed Election Petition No. 1 of 1985 as an elector and another Election Petition No. 9 of 1985 was filed by Mukand Ram, respondent No. 2, also an elector before the High Court of Rajasthan under Section 80 of the Act, challenging the validity of the appellants election to the legislative assembly on the ground that Kanhaiya Lal a contesting candidate was not qualified to contest election under Article 173(b) of the Constitution as he was below 25 years of age on the date of scrutiny of nomination papers and







































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