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1958 Supreme(All) 203

RAGHUBAR DAYAL, M.L.CHATURVEDI, JAGDISH SAHAI
GHULAM MOHIUDDIN – Appellant
Versus
ELECTION TRIBUNAL FOR TOWN AREA SAKIT – Respondent


Advocates Appeared:
AMBIKA PRASAD, S.C.KHARE, Sharada Saran Chandwaria

R. DAYAL, J.

( 1 ) I agree with brother Chaturvedi that this writ petition be allowed and that a writ of certiorari be issued quashing the impugned order of the Election Tribunal. In view of the importance of the question, I would like to note in brief my reasons for coming to that conclusion.

( 2 ) THE question is whether the Election Tri-bunal hearing an election petition challenging the election of the Chairman of the Town Area Committee can look into the contention that the names of certain persons should not have found a place in the electoral rolls prepared for certain wards in the Town Area on the grounds that some of them were minors and that some did not reside within the wards concerned. The Election Tribunal in this case considered whether the finality attached to the electoral roll applied to pre-election stage or also to the post-election stage and held that it applied to the preelection stage. He came to the same conclusion on considering the effect of the latter provision in clause (a) of paragraph 48 of the Notification No. 165/ix- (E) -. T.-47 dated 26-2-1948 printed at page 23 of The Government of Uttar Pradesh, Statutory Provisions and rules and Notifications Re




































































































































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