RAJ KRUSHNA BOSE Vs. BINOD KANUNGO
LAWS(SC)-1954-2-1
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on February 04,1954

RAJ KRUSHNA BOSE Appellant
VERSUS
BINOD KANUNGO Respondents


Cited Judgements :-

MOHD IBRAHIM VS. ELECTION TRIBUNAL [LAWS(ALL)-1956-12-14] [REFERRED TO]
RAM SARUP VS. SHIKHAR CHAND [LAWS(ALL)-1960-9-12] [REFERRED TO]
RAJA SYED MOHAMMAD SAADAT ALI KHAN VS. WEALTH TAX OFFICER A WARD LUCKNOW [LAWS(ALL)-1963-3-14] [REFERRED TO]
CHOBEY SUNDER LAL VS. SONU ALIAS SONPAL [LAWS(ALL)-1967-5-6] [REFERRED TO]
HAKIM SINGH VS. SHIV SAGAR [LAWS(ALL)-1973-4-3] [REFERRED TO]
BADRI VS. DEPUTY DIRECTOR OF CONSOLIDATION U P [LAWS(ALL)-1975-2-28] [REFERRED TO]
MUZAFFAR HUSAIN VS. ASSISTANT REGISTRAR [LAWS(ALL)-1987-3-85] [REFERRED TO]
AKHTAR RIZVI EDUCATIONAL TRUST KAUSHAMBI VS. STATE OF U P [LAWS(ALL)-2006-3-93] [REFERRED TO]
RANGAMMA VS. DISTRICT COLLECTOR MAHABUBNAGAR DISTRICT MAHABUBNAGARDISTRICT and PROPER [LAWS(APH)-2003-10-27] [REFERRED TO]
ELCHURI THULISAMMA VS. ELCHURI SAMRAJYAM [LAWS(APH)-2003-12-96] [REFERRED TO]
ANGLO INDIA JUTE MILLS CO LTD VS. S K DUTT [LAWS(CAL)-1956-5-8] [REFERRED TO]
TARA CHAND PODDER VS. STATE [LAWS(CAL)-1966-1-8] [REFERRED TO]
BANGESWARI COTTON MILLS LTD VS. STATE [LAWS(CAL)-1966-1-3] [REFERRED TO]
SHANTI SWAROOP SHARMA VS. B R MANDAL [LAWS(MPH)-1957-2-25] [REFERRED TO]
MAN IU DEVI VS. DIRECTOR OF PUBLIC INSTRUCTION [LAWS(CAL)-1973-12-11] [REFERRED TO]
STATE OF MADHYA PRADESH VS. ABDUL RASHID [LAWS(MPH)-1962-8-15] [REFERRED TO]
R VENKATASUBBA REDDIAR VS. REGISTRAR OF CO OPERATIVE SOCIETIES MADRAS [LAWS(MAD)-1954-5-3] [REFERRED TO]
V K JOHN VS. G VASANTHA PAI [LAWS(MAD)-1956-10-5] [REFERRED TO]
HIRALAL THAKURDAS CHOWKSE VS. HATESINGH LAXMANSINGH [LAWS(MPH)-1980-3-5] [REFERRED TO]
LALA LALSINGH VS. SETH SHOBHAGCHAND [LAWS(MPH)-1984-10-2] [REFERRED TO]
STATE OF KARNATAKA VS. SENAPATHY WHITELY LTD [LAWS(KAR)-1988-1-20] [REFERRED TO]
ANUJA MISHRA VS. KULPATI RAVISHANKAR UNIVERSITY RAIPUR [LAWS(MPH)-1985-9-16] [REFERRED TO]
KAIKHUSROO PHIROZSHAH DOCTOR VS. STATE OF BOMBAY [LAWS(BOM)-1954-8-7] [REFERRED TO]
PARSHOTTAMDAS TALSHIBHAI VS. LILUBHAI KISHOREBHAI PATEL [LAWS(BOM)-1958-2-3] [REFERRED TO]
A V THOMAS AND COMPANY LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-1986-1-24] [REFERRED TO]
SANGRAN SINGH VS. ELECTION TRIBUNI KOTAH [LAWS(SC)-1955-3-3] [FOLLOWED]
SATYA DEV BUSHAHRI VS. PADAM DEV [LAWS(SC)-1954-5-18] [FOLLOWED]
KAILASH CHANDRA VS. MUKUNDI LAL [LAWS(SC)-2002-1-170] [REFERRED]
UNION CONSTRUCTION CO PRIVATE LTD VS. CHIEF ENGINEER EASTERN COMMAND LUCKNOW [LAWS(ALL)-1959-7-1] [REFERRED TO (V 41) : 1954 SCR 913, 18 (57)]
CHELADMA VENKATA RAM RAO VS. ENGU NARAYANA [LAWS(APH)-1962-8-12] [REFERRED TO]
DHANI RAM VS. SUB-DIVISIONAL JUDGE [LAWS(HPH)-1964-9-4] [REFERRED TO]
N SEKHAR VS. GOVT OF A P [LAWS(APH)-2006-6-147] [REFERRED]
NAMDEO KHUSHAL DIGHE VS. KESHARBAI DAMODHARDAS CHANDAK [LAWS(BOM)-1973-6-1] [REFERRED TO]
SIDHARTH VS. KANTA BAT [LAWS(MPH)-2006-11-49] [REFERRED TO]
B R VASUDEVAMURTHY VS. MINISTER FOR REVENUE GOVERNMENT OF KARNATAKA [LAWS(KAR)-2006-12-1] [REFERRED TO]
TARUN SHARMA SON OF SHRI DEEPAK SHARMA VS. VISHWAS SARANG SON OF SHRI KAILASH SARANG [LAWS(MPH)-2010-6-17] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL ASANSOL [LAWS(CAL)-2009-2-93] [REFERRED TO]
ELPRO INTERNATIONAL LIMITED VS. K B JOSHI [LAWS(BOM)-1987-2-1] [REFERRED TO]
JACOB THOMAS VS. PANDIAN [LAWS(KER)-2005-9-25] [REFERRED TO]
SHRIRAM S/O DATTU BHOYAR VS. ASHOK S/O KASHINATH RAUT [LAWS(BOM)-2012-4-20] [REFFERRD TO]
LACHHMAN SINGH GILL VS. BIBI HARPARKASH KAUR [LAWS(P&H)-1960-1-6] [REFERRED TO]
RAMKISHORE VS. BHANWARIBAI [LAWS(RAJ)-1958-9-6] [REFERRED TO]
PADMARAM VS. SURJA [LAWS(RAJ)-1959-12-15] [REFERRED TO]
S IQBAL SINGH VS. S GURDAS SINGH BADAL [LAWS(P&H)-1971-11-4] [REFERRED TO]
YUGAL KISHORE SINHA VS. B N RAHTOGI [LAWS(PAT)-1957-11-1] [REFERRED TO]
LADY DOROTHY LORT WILLIAMS VS. UDITANDU PRAKASH MULLICK [LAWS(PAT)-1957-11-15] [REFERRED TO]
MAHAVIR PRASAD VS. STATE OF RAJASTHAN [LAWS(RAJ)-1965-7-11] [REFERRED TO]
NARAIN SINHA VS. UNIVERSITY OF BIHAR [LAWS(PAT)-1965-3-8] [REFERRED TO]
RAM PADARATH SINGH VS. BAIDYANATH PRASAD [LAWS(PAT)-1973-1-11] [REFERRED TO]
NEHRU MOTOR TRANSPORT CO-OPERATIVE SOCIETY VS. DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES JODHPUR AND [LAWS(RAJ)-1977-3-2] [REFERRED TO]
NEW SWADESHI SUGAR MILLS VS. UNION OF INDIA [LAWS(PAT)-2008-12-111] [REFERRED TO]
GOPAL SINGH VS. ELECTION CUM ADDITIONALCIVIL JUDGE [LAWS(RAJ)-2009-2-1] [REFERRED TO]
GREAT EASTERN EXPORTS VS. COMMISSIONER OF INCOME TAX [LAWS(DLH)-2010-11-275] [REFERRED TO]
Selvaraj VS. Vishwanathan [LAWS(MAD)-1999-7-125] [REFERRED TO]
SOM LAL VS. VIJAY LAXMI [LAWS(P&H)-2006-1-72] [REFERRED TO]
GOKUL FOUNDATION THRO TRUSTEEDHARMENDRASINH B VS. ALL INDIA COUCIL FOR TECHNICALEDUCATION [LAWS(GJH)-2013-7-304] [REFERRED TO]
RAM SURAT MISHRA VS. STATE OF U P [LAWS(ALL)-2013-7-64] [REFERRED TO]
Prasad VS. State of M.P. [LAWS(MPH)-1959-7-28] [REFERRED TO]
Chitra Kumar Tiwari VS. Gangaram [LAWS(MPH)-1966-1-12] [REFERRED TO]
Municipal Council, Khurai VS. Agricultural Produce Marketing Committee, Khurai [LAWS(MPH)-1966-5-19] [REFERRED TO]
Gopilal Ajodhya Prasad VS. Secretary, Local Self-Govt. Department, Madhya Pradesh, Bhopal [LAWS(MPH)-1959-7-35] [REFERRED TO]
PARSHOTTAMDAS TALSIBHAI PATEL VS. LILUBHAI KISHOREBHAI PATEL [LAWS(BOM)-1958-2-19] [REFERRED TO]
DINA NATH KAUL NADIM VS. PEER MUBARAK SHAH [LAWS(J&K)-1968-12-2] [REFERRED TO]
BHAGWAN DAS AND OTHERS VS. THE SPL. JUDGE, JHANSI AND OTHERS [LAWS(ALL)-1994-5-33] [REFERRED TO]
SHYAMLAL VS. I.G. MUNICIPALITIES [LAWS(MPH)-1961-4-19] [REFERRED TO]
SHYAMLAL VS. I.G. MUNICIPALITIES [LAWS(MPH)-1961-1-32] [REFERRED TO]
A.I.AGNEL ILANGOVAN VS. THE GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2016-3-222] [REFERRED TO]
MALABAR DIAMOND GALLERY PVT. LTD. REPRESENTED BY ITS DIRECTOR MR.SHAFEEKH VS. THE ADDITIONAL DIRECTOR GENERAL DIRECTORATE OF REVENUE INTELLIGENCE CHENNAI ZONAL UNIT NO.117, GOPALA KRISHNA ROAD, T.NAGAR CHENNAI [LAWS(MAD)-2016-7-336] [REFERRED TO]
KAMAKHYA MOTOTEC PVT. LTD VS. STATE OF ASSAM [LAWS(GAU)-2017-5-67] [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. SHAILENDRA [LAWS(SC)-2018-2-88] [REFERRED TO]
AMIT DUBEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-7-83] [REFERRED TO]
R. GANESH PRABHU VS. STATE [LAWS(MAD)-2019-6-372] [REFERRED TO]
ICICI LOMBARD GENERAL INSURANCE COMPANY VS. DAVASIA [LAWS(KER)-2019-7-210] [REFERRED TO]
SREE SANKARA VIDYAPEETOM COLLEGE, SREESANKARAPURAM AND ORS. VS. AKHIL P.K. AND ORS. [LAWS(KER)-2019-11-526] [REFERRED TO]
MARIA OOMMEN VS. STATE OF KERALA [LAWS(KER)-2021-10-6] [REFERRED TO]
ARUN PARMAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-3-116] [REFERRED TO]


JUDGEMENT

S. R. Das J. - (1.)The question here is whether an election to a State Legislative Assembly is invalidated when the member's nomination was either proposed or seconded, or both, by a Government servant or servants.
(2.)The appellant was a Minister in the State of Orissa. He was nominated as a candidate for the Orissa Legislature Assembly and was later declared to have been elected. One of his rivals was the 1st respondent who filed an election petition challenging the election on a number of grounds, among them, the following.
(3.)The appellant had filed about two dozen nomination papers. In five of them the proposer was a Government servant and in four the seconder. The 1st respondent stated that this was the first step in a scheme to get the assistance of Government officers in furtherance of the appellant's election and to "use and utilise" them "for the purposes of the election." There were also other allegations which we need not consider here.


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