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May 02 1955 (SC)

Bhikaji Keshao Joshi and anr. Vs. Brijlal Nandlal Biyani and ors.

Court : Supreme Court of India

Reported in : AIR1955SC610; [1955]2SCR428

Jagannadhadas, J.1. This is an appeal by special leave against the judgment and order of the Election Tribunal, Akola, Madhya Pradesh, dated the 1st May, 1953, dismissing the election petition filed by the appellants. It relates to the election for the Akola Constituency of the State Assembly of Madhya Pradesh which was held on the 13th December, 1951, and the result of which was notified in the Gazette on the 4th April 1952. The two appellants are the electors of the said constituency. The first respondent was the successful candidate at the election. Respondents Nos. 2, 3 and 4 were the other three candidates who, having been validly nominated went to the polls but were defeated. The appellants filed the election petition under section 80 of the Representation of the People Act, 1951 (Act XLIII of 1951) (hereinafter referred to as the Act) for setting aside the election on various allegations. The petition was filed on the 19th April, 1952, before the Election Commission at Delhi and...

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