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PETITIONER: SRI BARU RAM
Vs.
RESPONDENT: SHRIMATI PRASANNI & OTHERS
DATE OF JUDGMENT: 30/09/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. AIYYAR, T.L. VENKATARAMA SARKAR, A.K.
CITATION: 1959 AIR 93 1959 SCR Supl. (1)1403 CITATOR INFO : R 1964 SC1545 (9) O 1965 SC 669 (9) RF 1968 SC1500 (4) F 1974 SC 951 (6) R 1979 SC1148 (4) F 1988 SC1706 (7)
ACT: Election Petition-Corrupt Practice-Procuring assistance Of Government servant by appointing as Polling agent-Proof- Nomination paper, rejection of-Failure to produce copy of electoral roll -If rejection improper-Representation of the People Act, 195I (43 Of 1951), SS. 2(C), 33, 36, 46 and 123(7).
HEADNOTE: The first respondent filed an election petition against the 1404 appellant on the grounds: (i) that he committed the corrupt practice specified in s. 123(7) Of the Representation of the People Act, 195I inasmuch as he had obtained the assistance of one P, a member of the armed forces, who had acted as his polling agent and (ii) that the nomination of one J had been improperly rejected by returning officer. The election tribunal held that the corrupt practice was not proved but that the nomination of J had been improperly rejected and consequently it declared the election of the appellant to be void. On appeal the High Court held that th...