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1963 Supreme(MP) 23

P.V.DIXIT, K.L.PANDEY
Mohansingh Laxmansingh – Appellant
Versus
Bhanwarlal Rajmal Nahata and Ors. – Respondent


Advocates Appeared:
L.S.BAGHEL, R.S.DABIR, S.L.Garg, U.N.Bhasawat, V.S.Dabir,

JUDGMENT :

( 1. ) THIS is an appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the Act), against an order of the Election Tribunal, Ratlam, setting aside the election of the appellant Mohansingh to the Madhya Pradesh Legislative Assembly from Sitamau constituency. Eight persons, including the respondent-Bhanwarlal, filed their nomination papers for election from the said constituency. The nomination paper of Hussain Khan was rejected by the Returning Officer. Himmatsingh withdrew his candidature. The appellant Mohansingh secured the largest number of votes and was declared as the returned candidate. The respondent-Bhanwarlal, who was defeated at the election, filed an election petition, out of which this appeal arises, praying that the election of the appellant be declared void and that he, who had secured the largest number of votes after the appellant, be declared duly elected. The election of the appellant was sought to be set aside on several grounds which included charges of corrupt practices committed by the appellant. For the disposal of this appeal, it is unnecessary to mention all of them because the Election Tribunal found





















































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