Decided on September 10,1953

MOHAN NAYAK Respondents


Panigrahi, C.J. - (1.) This case raises a short, but important point relating to the jurisdiction and powers of the High Court under Articles 226 and 227 of the Constitution.
(2.) The petitioner states that in January 1952 he had been returned as a member of the Orissa State Legislative Assembly, to represent the scheduled castes in the Berhampur Constituency. Opposite party No. 1, Mohan Nayak filed an election petition under Section 81, Representation of the People Act (Act 43 of 1951) challenging the validity of the election of the petitioner, along with some others his contention being that the election of returned candidates was void on the grounds stated in Sections 100 and 101 of the said Act. The election petition filed by opposite party No. 1 was referred to a tribunal constituted under the Act, for trial and was registered as Election Case No. 4 of 1952. The Tribunal, by its order dated 17-3-1953, declared the election wholly void under Section 101(a), (b) and (c), Representation of the People Act & directed that the present petitioner should be disqualified from being a member of either the Parliament or the State Legislature, for a period of six years under Section 140 of the said Act. This order of the Tribunal was published on 26-3-1953 under Section 106 of the Act. The present petition was filed on 30-3-1953 under Arts. 226 and 227 of the Constitution and we are asked to issue a writ of certiorari on the Election Tribunal and quash its aforesaid decision in exercise of the powers vested in us under Article 226.
(3.) In an able argument presented by Mr. Mohapatra, learned counsel for the petitioner, two points have been pressed upon us. Firstly, that the Tribunal admitted inadmissible evidence & therefore, acted in excess of its jurisdiction, secondly that apart from jurisdiction the reasoning adopted by the tribunal is not such as to justify the conclusion drawn by them and that the order requires to be set aside on that ground.;

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