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1958 Supreme(MP) 117

V.R.SEN, M.HIDAYATULLAH
INAYATULLAH KHAN – Appellant
Versus
DIWANCHAND MAHAJAN – Respondent


Advocates Appeared:
R.K.Tankha, R.S.DABIR, S.L.Dubey, Umrao Singh

M. HIDAYATULLAH, C. J.

( 1 ) THIS appeal arises out of an election in the Sehore double-member constituency to the Legisla-tive Assembly of this State. The election took place on 25th february, 1957 and the results were declared on 1st March, 1957. Originally, six persons had offered to contest the two seats, but one of them (Amarchand)withdrew, leaving five in the field. Of these Umraosingh and Mannulal contested the reserved seat, while the remaining three, Inayatullah, Mahajan, and Nandlal contested the general seat. As a result of the poll declared on 1st March, the appellant Inayatullah was declared elected to the general seat while Umraosingh was also declared elected to the reserved seat. The result of the poll was as follows :

Umraosingh

23,757 Votes (Reserved)


Inapatullah

20,696 " (General)


C. Mahajan

20,616 " (General)


Mannulal ??

16,599 " (Reserved)


Nandlal ???

8,997 " (General)



( 2 ) THE election was questioned by Diwan-chand Mahajan alone. One of the other candidates Mannulal in his reply raised a ground that at Sawa-da polling station some of the voting papers which were not inserted but were found lying scattered on top of the ballot boxes were put inside them by th


























































































































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