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1958 Supreme(Pat) 158

K.SAHAI, N.L.UNTWALIA
Ramkishun Singh – Appellant
Versus
Tribeni Prasad Singh – Respondent


Judgment

K.Sahai, J.

1. Two candidates, namely, Ramkishun Singh and Chetu Ram, were declared elected to the Bihar Legislative Assembly from the Warsaliganj double-member constituency in Nawada Sub-division of Gaya District. They have filed this appeal against the order of Mr. A. K. Saran, sole Member of the Election Tribunal, whereby he has declared their election to be void on the ground that the Returning Officer improperly rejected the nomination papers of Mohammad Manzoor Hassan and Kishun Ram who were candidates for the general and reserved seats, respectively.

2. The facts of the case are these. The constituency was called upon to elect two members to the Bihar Legislative Assembly by a notification dated 19-1-1957. The last date for filing nomination papers was 29-1-1957. The two appellants as well as Mohammad Manzoor Hassan, Kishun Ram and others filed nomination paper. On behalf of Kishun Ram. four nomination papers bearing numbers A/107 to A/109 and A147 were filed. Exhibits 1 and 1 (a) are the papers bearing Nos. A/107 A/108, respectively.

In both these papers, the proposer described the candidates name as Kishun Ram, and the candidate Himself also signed as Kishun Ram. I




























































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