JUDGEMENT
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(1.) RESPONDENTS Nos. 1 to 6 as well as Rajmata Kamalendumati Shah and Lokendra Dutt Saklani filed nomina tion papers for the mid-term general elec tions to the Lok Sabha from Tehri Garh-wal Constituency (hereinafter referred to as 'the Constituency') held in February/ March, 1971, Rajmata Kamalendumati Shah and Lokendra Dutt Saklani withdrew their candidature before the date of with drawal and respondents Nos. 1 to 6 alone contested the election. Respondent No. 1 was returned elected and the petitioner, a voter in the Constituency, has challenged his election. He has also prayed for a declaration that respondent No. 2 is duly elected.
(2.) IT may be mentioned that res pondent No. 1 is the proprietor of the newspaper Himani, published at Dehra Dun, which is outside the Constituency, and respondent No. 2 is the Ruler or Tehri.
The petition is resisted by res pondent No. 1, while respondent No. 2 has supported the petition. Respondents Nos. 3 to 6 remained absent though duly served and were proceeded against ex parte.
(3.) THE calendar of election for the Constituency was as follows:-
3rd February, 1971 : Last date of nominations. 5th February, 1971 : Date of scrutiny of nominations. 6th February, 1971: Date of with drawal of nominations. 1st March and 5th March, 1971: Dates of poll 10th and llth March, 1971 : Dates of counting of votes. llth March, 1971 : Date of declara tion of results. ;
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