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1953 Supreme(SC) 67

B.K.MUKHERJEE, T.L.VENKATARAMA AYYAR, VIVIAN BOSE
Rattan Anmol Singh – Appellant
Versus
Atma Ram – Respondent


Advocates:
C.K.DAFTARY, HARBANS SINGH, Harbans Singh Doabia, NAUNIT LAL, RAJENDER NARAIN, TILAK RAJ BHASIN

Judgment

Bose, J. : These are two appears against the decision of the Election Tribunal at Ludhiana.

2. The contest was for two seats in the Punjab Legislative Assembly. The constituency is a double member constituency, one seat being general and the other reserved for a scheduled caste. The first respondent is Atma Ram. He was a candidate for the reserved seat but his nomination was rejected by the Returning Officer at the scrutiny stage so he was unable to contest the election. The successful candidates were Rattan Anmol Singh, the appellant in Civil Appeal No. 213-A of 1953, for the general seat and Ram Prakash, the appellant in Civil Appeal No. 213-B of 1953, for the reserved. Atma Ram filed the present election petition. The Election Tribunal decided in his favour by a majority of two to one and declared the whole election void. Rattan Anmol Singh and Ram Prakash appeal here.

3. The main question we have to decide is whether the Returning Officer was right in rejecting the petitioner s nomination papers. The fact which led him to do so are as follows. The Rules require that each nomination paper should be "subscribed" by a proposer and a seconder. The petitioner put in four paper














































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