DWARKA PRASAD MISHRA Vs. KAMALNARAYAN SHARMA
HIGH COURT OF MADHYA PRADESH
DWARKA PRASAD MISHRA
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(1.) THIS is an application under Article 133 of the Constitution from our judgment dated March 12, 1969, in First Appeal No. 49 of 1967, whereby the applicant's election has been declared void and he has been found guilty of corrupt practice under Section 123 (6) of the Representation of the People Act, 1951, (hereinafter called the Act ). The applicant also seeks to challenge in the Supreme Court our order dated May, 4, 1968, whereby the preliminary objections raised by the applicant were rejected and certain preliminary points raised by the non-applicant (appellant therein) were decided.
(2.) ORIGINALLY, the application did not specify the clause under which a certificate was sought, but it was obviously under Clause (1) (c ). Later on, the applicant made an application for amendment of the application claiming a certificate under Clause (b) as well.
(3.) IT will be convenient to continue to call, in this order, the non-applicant as "the appellant" and the applicant as "the respondent. ";
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