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1959 Supreme(Bom) 35

D.V.PATEL, S.M.SHAH
Narayan Yeshwant Nene – Appellant
Versus
Rajaram Balkrishna Raut and Anr. – Respondent


JUDGMENT - 1. An election was held in the Parliamentary Cons-tituency for Meeting a representative from the Kolaba District. One Rajaram Balkrishoa Rant was declared elected by the Election Commissioner. Thereafter. one Narayan Yeshwaut None (whom we shall hereafter refer to as "Nene") applied to set aside the election on the ground that Rajaram Balkrishna Rait had been guilty of corrupt practices which had vitiated the election. That application was dismissed by the Tribunal constituted under the Representation of the People Act, 1951. Against the order passed by that Tribunal, an appeal was preferred to this Couer under Section 116A of the Act. That appeal teas placed for hearing before Mr. Justice S. T. Desai and Mr. Justice Miabhoy on 17-6-1958. It appears Irons the judgment recorded that alter ar-gumenths were heard by the Court on the merits of the dispute, a suggestion was thrown out by the Court that the petition for setting aside the election he abandoned in the larger interest of the public. The learned advocates who appeared on behalf of Nene and Raut after considering the suggestion informed the Court that the appeal need not be proceeded with. Thereafter, Mr. R, B. Kot








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