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1958 Supreme(MP) 227

G.P.BHUTT, M.HIDAYATULLAH
GAURI SHANKER SHASTRI – Appellant
Versus
MAYADHARDAS RAMESHWARDAS – Respondent


Advocates Appeared:
A.P.SEN, R.K.VERMA, R.P.Verma

M. HIDAYATULLAH, C. J.

( 1 ) THIS appeal is by Gourishankar Sastri, a returned candidate to the general seat from the Charghoda double member Legislative Assembly constituency in tho raigarh district, whose election has been set aside by an order of the Election tribunal Raigarh, passed on 8-1-1958 in Election Petition No. 194 of 1957.

( 2 ) SEVEN persons contested the election for the two seats. The second respondent raja Lalit Kumar Singh was declared elected to the reserved seat. His election is no longer in dispute and no argument at the hearing was advanced against him. The appellant Gourishankar Shastri was elected to the general seat. The results of the election were declared on 9-3-1957 and the Gazette notification was issued on 1-4-1957. Though as many as 62 issues were framed in the case, the decision of the Tribunal rests upon issues nos l (a) and (b ). The contention of Mayadhardas, the election petitioner, was that the nomination paper of Gourishankar Shastri was wrongly accepted inasmuch as he held a contract with the State Government and was disqualified under Section 7 (d) o the representation of the People Act. The Tribunal accepted this contention applying a decis






















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