Allahabad Court March 1963 Judgments

Nardev Vs. Joti Saroop and ors.

Court: Allahabad

Reported in: AIR1964All83

Takru, J.1. Sri Nardev has filed this appeal under Section 116-A of the Representation of the People Act, 1951 -- hereinaftercalled the Act -- against a judgment and order of the Election Tribunal, Aligarh rejecting his election petition.2. The facts, relevant for the purpose of the present appeal, lie within a narrow compass. The appellant along with Joti Saroop, the first respondent, and two others, offered themselves as candidates for election as member of the Lok Sabha from 76 Hathras Parliamentary Constituency at the last general election. At the election the first respondent secured the highest number of votes and was declared duly elected. Thereupon the appellant who had secured the second highest number of votes filed an election petition before the Election Commission, challenging the election of respondent No. 1. In this petition, the appellant besides claiming a declaration that the election of respondent No. 1 was void, claimed a further declaration that he, [the appellant)...