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1971 Supreme(SC) 398

A. N. RAY, D. G. PALEKAR, S. M. SIKRI
Hardeo Narain Singh – Appellant
Versus
Surajdeo Singh – Respondent


A.N.Ray, J.

(1) THIS is an appeal undersection 116-A of the Representation of the People Act, 1951 against the Judgment and Order, dated 5/03/1970 of the High court of Patna declaring the election of the appellant void.

(2) THE appellant and respondents Nos. 1 to 10 were candidates at the election of a member to the Bihar Legislative Assembly from Gaya Mufassil Assembly Constituency No. 251.

(3) THE date of poll was 9/02/1969. The counting of votes took place on 12/02/1969. The appellant obtained 15,799 votes and was declared elected.

(4) RESPONDENT No.1 Surajdeo Singh filed an election petition in the Patna High court challenging the election of the appellant as a member to the Bihar Legislative Assembly from the Gaya Mufassil Constituency.

(5) THE election of the appellant was challenged on various grounds. The principal grounds were these. First, the appellant was guilty of committing a corrupt practice of bribing respondent No. 11 Ishwari Prasad Singh and thus inducing him to withdraw his candidature from the contest. Second, the appellant obtained the assistance for the furtherance of his prospects at the election from one J. N.



















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