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1958 Supreme(All) 101

M.L.CHATURVEDI, D.N.ROY
MOTI LAL – Appellant
Versus
MANGLA PRASAD – Respondent


Advocates Appeared:
B.D.AGRAWAL, BIHARI DAS, C.B.MISHRA, G.K.SAHAI, J.K.SRIVASTAVA, JITENDRA KUMAR, K.B.L.GAUR, K.L.MISHRA, K.N.SINGH, P.N.KATJU, R.K.SHUKLA, S.N.KAKKAR, S.N.KATJU, SRIDHAR

M. L. CHATURVEDI, J.

( 1 ) THIS is an appeal under Section 116-A of the Representation of the People Act of 1951 (hereinafter called the Act) against the judgment of an Election Tribunal dismissing the election petition filed by the appellant.

( 2 ) THE appellant Sri Moti Lal is an elector in the double member of U. P. Legislative Assembly constituency No. 179 known ay Meja Constituency, in the district of Allahabad. One seat in the constituency was reserved for a member of the scheduled caste and the other seat was a general one. The respondent No. 1 Sri Mangla Prasad was a candidate for the general seat and was set up by the Congress party and respondent No. 3 Sri Salig Bam Jaiswal was also a candidate for the seat and was set up by the Praja Socialist party. The two Scheduled caste candidates were respondent No. 2 Sri Jokhai Ram on behalf of the congress party, and respondent No. 4 Sri Bansrup on behalf of the Praja Socialist Party. The poll was held on the 25th February, 1957, but it subsequently transpired that at the polling centre babhni-Hather ballot papers had been wrongly issued. The Returning Officer brought this fact to the notice of the Election Commission, and the Ele













































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