HER HIGHNESS MAHARANI VIJAYA RAJE SCINDIA Vs. MOTILAL JUGAL KISHORE

JUDGEMENT

(1.) THIS appeal has been filed by Her Highness the Maharani Vijaya Raje Scindia against an order passed by the Election Tribunal, in Election Petition No. 310 of 1957 decided on 30th November 1957, by which her election to the Guna constituency in the recent parliamentary election has been declared void. The respondent in the appeal was the proposer of one Shri Brij Narain who was also a candidate at the election.

(2.) THE facts of the case are as follows: As many as ten candidates had filed their nomination papers for the said election. Seven of them filed the notices of withdrawal of their candidature before the appointed date, and no controversy in respect of their withdrawal exists for determination. Of the remaining candidates one other candidate, by name Shri Brij Narain, sent a notice of withdrawal under section 37 of the Representation of the People Act (hereinafter the Act) through one Ram Swarup Verma on 3rd February 1957. The notice of withdrawal was accepted by the Returning Officer who caused a list of candidates who had withdrawn from the contest to be exhibited and also sent notices to the candidates concerned. At the time of the election, therefore, there remained only two contesting candidates, the appellant and Shri V. G. Deshpande. The appellant received 1,18,454 votes as against 58, 550 votes of Shri V. G. Deshpande, 123 votes being declared forfeited.

(3.) THE election petition out of which the present appeal arises was filed by one motilal son of Jugal Kishore, a voter and the proposer in one of the nomination forms of Shri Brij, Narain. His contention was that Shri Brij Narain had in fact not withdrawn from the contest and that the notice of withdrawal was wrongly accepted by the Returning. Officer inasmuch as it was not presented in accordance with the provisions of Section 37 of the Act. In the case which was tried by the tribunal, practically no evidence was led. The only witness examined was the returning Officer, Shri K. . M. Ranade. The Tribunal on these facts came to the conclusion, that the notice of withdrawal filed by Shri Brij Narain through Shri Ram swarup Verma was ineffective in law, and applying the analogy of Section 100 (1) (c) of the Act declared the election void. In the present appeal the only point for determination is whether the decision of the Tribunal declaring the election to be void for this reason is correct.