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1963 Supreme(Raj) 199

I.N.MODI, P.N.SHINGHAL
SHIV RAM – Appellant
Versus
SHIV CHARAN SINGH – Respondent


Advocates Appeared:
B.S.SHARMA, G.M.LODHA, M.B.L.Bhargawa, R.K.Rastogi

Judgment


I. N. MODI, J.

( 1 ) THIS appeal is directed against the judgment and order of the Election Tribunal, jaipur City, dated the are April, 1963, by which the election of the appellant, Shri shiv Ram, to the Legislative Assembly of this State, at the last General Election was declared to be void. Both the appellant and the respondent, along with certain otner persons with whom we are not concerned in this appeal, stood as candidates for election to the Rajasthan Legislative Assembly from the Mahuwa Constituency. The appellant was declared successful on the 26th February, 1962, and the respondent was defeated. Thereupon, the latter filed the election petition out of which this appeal arises on the 11th April, 1962. Tne sole ground on which this petition was filed was that on the date of the election, the appellant was not qualified to stand for the same as he was of less than the minimum age of 25 years prescribed for this purpose by article 1/3 of the Constitution. According to the respondent, the appellants date of birth was the 10th January, 1941, and consequently it was contended that he had not completed (sic) of 25 years on the date of the election, This petition was oppo
































































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