- (1.) THIS is an appeal against the decision of the Election Tribunal, Rohtak, whereby the petition of Shri Chiranji Lal against the election of Shvi Lehri Singh respondent from the Ganaur constituency of the Punjab Legislative Assembly in March 1957 had been dismissed.
(2.) THE election contest was a straight one between the petitioner and the respondent in which the petitioner lost. On the 29th of January 1957, the date fixed for submitting nominations, nomination papers were filed on behalf of three other candidates, besides the petitioner and the respondent, i. e. , Mukhtiar Singh (P. W. 4), Suraj Bhan and Pirtbi (R. W. 1 ). On 1-2-1957, which was the date fixed for scrutiny, the nomination paper (Ex-hibit P. W. 1/1) of Pirthi was refected by the Returning Officer Shri D. D. Jayal (P. W. 2) vide his order, which is as follows: "the nomination is rejected as the age is not mentioned in the nomination paper. Neither the candidate nor the proposer or any person duly authorised on his behalf is present to testify to his age". Mukhtiar Singh and Suraj Bhan withdrew their candidature within the time fixed for withdrawal.
(3.) NUMEROUS grounds were raised in the election petition but the only one which was finally pressed was that the nomination paper of Pirthi had been improperly rejected. The petition went for trial on the following issues: 1. Whether for grounds stated in Clause (a) paragraph No. 7, the rejection of nomination of Shri pirthi was improper and against law? 2. Whether at the time of the filing of the nomination, Shri Pirthi was below 25 years of age?;