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1964 Supreme(MP) 91

P.V.DIXIT, K.L.PANDEY
KAMALNARAIN SHARMA – Appellant
Versus
DWARKA PRASAD MISHRA – Respondent


DIXIT, C. J.

( 1 ) THIS is an application under Article 133 (1) (c) of the Constitution for a certificate for appeal to the Supreme Court from our decision, dated 15th April 1964, in miscellaneous Petition No. 90 of 1964. By that decision we allowed an application filed by the opponent No. 1 under Articles 226 and 227 of the Constitution and issued a writ of certiorari quashing an order of the Election Tribunal, Raipur, permitting the petitioner to file a fresh affidavit for purposes of Section 83 of the representation of the People Act, 1951, (hereinafter referred to as the Act) and directed the Tribunal to determine, in the light of cur decision sought to be appealed against, the effect of the petitioner's failure to file an affidavit along with the election petition as required by the proviso to Section 83 (1) of the Act on the allegations of corrupt practices made by him in his election petition.

( 2 ) THE material facts, briefly stated, are that the petitioner filed an election petition questioning the validity of the election of the opponent No. 1 to the madhya Pradesh Legislative Assembly at a bye-election held in May 1963 from kasdol constituency mainly on the ground that t



















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