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1961 Supreme(Pat) 60

K.SAHAI, U.N.SINHA
Mani Lal Yadava – Appellant
Versus
Budhinath Jha – Respondent


Judgment

U.N.Sinha, J.

1. This appeal has been filed by Sri Mani Lal Yadav under Sec.116-A of The Representation of the People Act, 1951 (Act No. XLIII of 1951). It is directed against the order of the Election Tribunal of the Santhal Parganas, dated the 19th September, 1960, by which, order the Election Tribunal has declared the election of Sri Mani Lal Yadav, the returned candidate, to be void under Sectiion 100(1) (d) (iv) of the Representation of the People Act, 1951 (to be called hereinafter as the Act). The tacts are as follows; There was a constituency in the district of the Santhal Parganas known as Godda Constituency, which was a double member constituency. In the general election held in 1957, for election of members to the Bihar Legislative Assembly, there were two seats in this constituency, one a general seat, and another, a reserved seat for scheduled tribes. There were four candidates for the general seat and three for the reserved seat. The following persons were the candidates for the general seat:

1. The respondent in this appeal, Sri Budhi Nath Jha Kairava.

2. The appellant, Sri Mani Lal Yadav,

3. Sri Ratneshwar Jha, and,

4. Sri Pradhan Kisku.

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