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Lal Shyamshah Vs. Sujaniram and anr. - Court Judgment

LegalCrystal Citation
SubjectElection
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1956SC335
ActsRepresentation of the People Act, 1951 - Sections 123(8)
AppellantLal Shyamshah
RespondentSujaniram and anr.
DispositionAppeal allowed
Cases ReferredSatya Dev Busheri v. Padam Dev
Excerpt:
- haryan urban development authority act (13 of 1977) section 17: [s.b.sinha & dr.mukundakam sharma,jj] allotment of plot appellant did not send any letter of acceptance - non-payment of amount stipulated in letter of allotment within specified time - cancellation of allotment in accordance with terms of allotment letter held, section 17 providing for resumption and forfeiture for breach of conditions of transfer would have no application. question of violation of principles of natural justice would not also arise as there was no agreement/contract. section 17: [s.b.sinha & dr. mukundakam sharma,jj] cancellation of allotment cancellation of allotment on ground of non-payment of deposit of amount - challenge as to revisional authority granting liberty to appellant to approach..........the appeal, set aside the decision of the election tribunal, and dismiss the election petition with costs.....
Judgment:

Venkatarama Aiyar, J.

1. This is an appeal by special leave against the decision of the Election Tribunal, Nagpur, setting aside the election of the appellant to the Legislative Assembly, Madhya Pradesh, from the Chauki Constituency on the ground that he had appointed one Raisingh, the Patel of the village of Suroli to act as his polling agent, and had thereby committed a major corrupt practice under Section 123(8).

2. The Tribunal has also found that Raisingh did not actually use his influence in support of the appellant. We have held in -- 'Satya Dev Busheri v. Padam Dev', : [1955]1SCR549 (A) and in -- 'Satya Dev Busheri v. Padam Dev, (S) : [1955]1SCR561 (B) that the mere appointment of a Government servant as polling agent without more is not an infringement of Section 123(8). Following that decision, we allow the appeal, set aside the decision of the Election Tribunal, and dismiss the election petition with costs throughout.


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