MOOLCHAND Vs. MAHARAJ KUMAR JAI SINGH

JUDGEMENT

(1.) THIS is an appeal by two electors Moolchand and Nandkishore under Section 116-A of the Representation of the People Act, 1951 (which will hereinafter be referred as "the Act") against the order of the Section Tribunal (Single Member), jaipur, dated the 15th September, 1962, dismissing their election petition under section 90 (3) of the Act.

(2.) IT is common ground between the parties that the appellants Moolchand and nandkishore were electors for the Malpura Constituency of the Rajasthan legislative Assembly. Respondent Maharaj Kumar Jaisingh was one of the candidates for election to the Rajasthan Legislative Assembly from the said constituency during the election which was held In February 1962, and he was declared elected. The appellants challenged the validity of the respondent's election by an election petition which came for hearing before the said Tribunal. Shri C. L. Agarwal appearing as a counsel on behalf of the respondent raised a preliminary objection to the effect that the presentation of the election petition before the Section Commission was not valid inasmuch as the said petition was presented only by Nandkishore in person and not by both the petitioners. It was also urged by him that the petitioners had committed an infringement of the mandatory provisions of Section 81 (3) of the Act, because the copy of the election petition, which was served on the respondent, was attested only by nandkishore and not by Nandkishore and Moolchand. Both these objections found favour with the Tribunal and hence the election petition was dismissed with costs.

(3.) LEARNED counsel for the appellants has strenuously urged that the interpretation made by the Tribunal of Section 81 (2) (a) and 81 (3) of the Act is erroneous and, therefore, it is prayed that its order should be set aside.