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1957 Supreme(All) 225

O. H. MOOTHAM, A. P. SRIVASTAVA
MUBARAK MAZDOOR – Appellant
Versus
K. K. BANERJI – Respondent


Advocates Appeared:
Amar Nath Kaul, B.N.ASTHANA, BENARSI DAS, G.P.GAUTAM, Gopinath Kunzru, J.M.PANT, P.C.Srivastava, S.Haider Shaukat Abidi

O. H. MOOTHAM, CJ.

( 1 ) THIS is a petition under Article 226 of the Constitution in which the petitioner challenges the validity of an order made by an Election Tribunal sitting at Allahabad dated 27-7-1957.

( 2 ) AT the last general election the petitioner and the second respondent, together with certain other persons, were candidates for election to the Lok Sabha from the Allahabad Parliamentary constituency. On 13-3-1957, the second respondent was declared duly elected, and on 27-4-1957 the petitioner filed an election petition challenging the validity of the election of the second respondent on a number of grounds. The petition was presented to the Election commission which under Section 86 of the Representation of the People Act (hereinafter called the Act) referred the petition to an Election Tribunal at Allahabad and informed the parties that the petition would be heard on 22-7-1957. On that date the parties appeared before the Tribunal, which is the first respondent, and a preliminary objection to the petition was taken, on behalf of the second respondent. That objection was that paragraphs 15, 16, 17, 18 and 19 of the petition contained only allegations of a general natur















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