Case: Dev Kanta Barooah Vs. Kusharam Nath &amp; Others

3. The said question arises in this way. The Nowgong constituency of the Assam Legislative Assembly which is aconstituency was called upon to elect two members to the Assam Legislative Assembly, one from the Scheduled Castes and the other from the general body of the electorate. Dev Kanta Barooah, the appellant, filed his nomination paper for election to the general seat and respondent 1 filed five nomination papers for the said seat. Baliram Das, respondent 4, and Mahendra Nath Hazarika, respondent 5, filed their nomination papers for the reserved seat whereas two other candidates had filed their nomination papers for the reserved seat whereas two other candidates had filed their nomination papers for the general seat. On February 1, 1957, the nomination papers of all the candidates were scrutinised by the returning officer; an objection was raised on behalf of the appellant against the nomination papers filed by respondent 1. This objection was upheld by the returning officer who rejected all the nomination papers of respondent 1 under S. 36(2)(b) of the Representation of the People Act, 1951 (Act 43 of 1951) (hereinafter called the Act). The rejection of the said nomination papers was based on the finding that they did not comply with the provisions of S. 33(4) of the Act.4. Subsequently on March 2, 1957, election took place for the said constituency and the counting of votes followed on March 3, 1957 and March 5, 1957. In the result the appellant was declared duly elected to the general seat and respondent 5 to fill the reserved seat.5. Respondent 1 then challenged the election of the appellant by his Election Petition No. 9 of 1957 on the ground that his own nomination papers had been improperly rejected by the returning officer. The appellant and respondent 5 resisted this petition. On December 12, 1957, the Election Tribunal allowed the petition and set aside the election of the appellant on the ground that the nomination papers of respondent 1 had been improperly rejected. Against this decision the appellant filed an appeal before the Assam High Court (First Appeal No. 56 of 1957)*under S. 116A of the Act. The learned judges of the High Court agreed with the view taken by the tribunal and dismissed the appeal preferred by the appellant on April 17, 1958. The appellant then applied for and obtained special leave from this Court to appeal against the said decision of the High Court.

Reasoning: This argument has been rejected both by the Election Tribunal as well as by the High Court; and we see no reason to take a differenthaving regard to the manner in which the nomination paper has been filled and taking into account the whole of the relevant entry against cols. 2 and 5, we are satisfied that the High Court was right in not upholding the technical objection raised by the appellant.