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1964 Supreme(Bom) 16

K.N.WANCHOO, J.C.SHAH, S.M.SIKRI, P.B.GAJENDRAGADKAR
SUSHILA BALRAJ – Appellant
Versus
ARDHEUDU BHUSHAN – Respondent


JUDGMENT

GAJENDRAGADKAR C. J. -: -This appeal by special leave arises out of an election petition filed by the respondent Ardhendu Bhushan challenging the validity of the appellants election on behalf of the Nagpur Constituency for the State Assembly of Maharashtra. The election in question was held on February 25, 1962. Besides the respondent, six other candidates had offered themselves for election. The counting of votes began on February 26, 1962 and the results were declared the next day. The appellant was declared elected by a margin of 158 votes over the respondents. Thereafter, the respondent filed the present election petition on the 9th April, 1962. He alleged that the appellant had been guilty of corrupt practices and, therefore, claimed that her election should be declared void. In support of this claim, the respondent made several allegations. He also alleged that some ballot -papers had been improperly received; in some cases, minors were allowed to vote and there were cases of impersonation as well. At the time of the actual counting of the votes, several irregularities are alleged to have been committed and that, according to the respondent, vitiated the final dec














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