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1958 Supreme(All) 1

V.BHARGAVA, M.L.CHATURVEDI
MADAN LAL – Appellant
Versus
ZARGHAM HAIDER – Respondent


Advocates Appeared:
ALI HASAN, M.P.Srivastava, SARASWATI PRASAD, UMESH CHANDRA

V. BHARGAVA, J.

( 1 ) THIS is an appeal under Section 116a of the Representation of the People Act, 1951, as amended upto date. An election was held for the U. P. Legislative Assembly from the Bahraich north 269 Constituency. There were three candidates for election to the seat who are the three respondents in this appeal. Respondent No. 1 Syed Zargam Haidar alias Hijjan Mian was declared as the successful candidate. The actual polling took place on 25-2-1957 and the result of the election was declared on 2-3-1957. The appellant Madan Lal, who was a voter but had not stood as a candidate, filed his election petition before the election Commission on 16-4-1957, which was the last date of limitation prescribed for presentation of election petitions under the act. The Election Commission entrusted this petition for trial to the Election Tribunal at Gonda and fixed 12-6-1957, as the date for appearance of parties before the Tribunal.

( 2 ) THE election of respondent No. 1 was challenged by the appellant on the ground of corrupt practices which were enumerated in paras 4 (a) to 4 (e) of the petition. On 27-6-1957 the respondents filed their written statements. Bis-pondent No. 1, amongst





















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