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PETITIONER: N. T. VELUSWAMI THEVAR,
Vs.
RESPONDENT: G. RAJA NAINAR AND OTHERS
DATE OF JUDGMENT: 24/11/1958
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA GAJENDRAGADKAR, P.B. SARKAR, A.K.
CITATION: 1959 AIR 422 1959 SCR Supl. (1) 623 CITATOR INFO : R 1960 SC 368 (9) R 1975 SC1274 (5) R 1976 SC1866 (36)
ACT: Election Dispute--Rejection of Nomination paper by Returning Officer-Validity of rejection raised before Election Petition--Jurisdiction of Tribunal to entertain grounds of disqualification not raised before Returning Officer- "Improperly rejected ", meaning of--Representation of the People Act, 1951 (43 Of 1951) ss. 7, 36(2), 100(1)(c), 100(1)(d)(i).
HEADNOTE: The nomination paper of the fourth respondent who was one of the candidates for election to the Legislative Assembly of the State, was rejected by the returning officer on the ground that as he was the Headmaster of a Government-aided school he was disqualified under s. 7(d) and (e) of the Representation of the People Act, 1951, to be chosen for election. One of the voters of the constituency filed a petition praying that the election of the appellant be declared void under s. 100(1)(c) of the Act on the ground that the rejection of the nomination paper of the fourth respondent was improper because the latter had ce...