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Showing contexts for: NOWGONG in Dev Kanta Barooah vs Kusha Ram Nath And Anr. on 17 April, 1958Matching Fragments
"The entries in columns 2 and 5 of the nomination papers are as follows:
Ext. P. 1 (2) Electoral Roll Number of the proposer--'Part 10, 275 of Electoral Roll of village Phulaniati, Mouza Hatichung, Nowgong, Assam.' (2) Electoral Roll Number of the candidate --'Part 10, 275 of Electoral Roll of village Phulaniati, Mouza Hatichung, Nowgong, Assam.
Ext. P. 2 (2) Electoral Roll Number of proposer--'59 of Electoral Roll of village Phulaniati, Mouza Hatichung, P. S. Sadar, Nowgong Assam.' (5) Electoral Roll Number of the candidate--275 of Electoral Roll of village Phulaniati, Mouza Hatichung, P. S. Sadar, Nowgong Assam. In both the above papers the proposer is Lahiram Nath.
The word 'Nowgong' may not by itself indicate that Nowgong constituency is meant but when "Nowgong' appears in columns Nos. 2 and 5 where all requirements of electoral numbers are to be given and when the electoral roll number was being described in detail, the word Nowgong obviously referred to the constituency of that name. This would also be the presumption. In this view there would be no omission of the third requirement of the definition in these papers. In any case the omission would be of the qualifying word 'constituency' and not of 'Nowgong' the name of the constituency, which is mentioned.
8. We are in complete agreement with this finding arrived at by the tribunal. The only argument addressed by Mr. Lahiri, Advocate General, appearing on behalf of the appellant Dev Kanta Barooah against the finding, is that putting in of the word 'Nowgong' by itself was not enough whereas it ought to nave been described as 'Nowgong Assembly Constituency". According to him 'Nowgong' would mean anything but the Nowgong Constituency or it would only supplement the postal address (covered by item No. 4). We find it difficult to accept this contention,--as a matter of fact we find no substance.
It is nobody's case that the constituency was not correctly described in the above notification. Mr. Lahiri asks us to put some other construction on the word 'Nowgong' either as 'the District of Nowgong' or 'the town of Nowgong,'--but if we cannot bring in the word 'constituency' which is more relevant in the context,--we cannot add any other words on mere assumption. In the circumstances of the case, we agree with the learned Member of the Election Tribunal that the word 'Nowgong' signified the "Nowgong Assembly Constituency. What more, the members and the part of the electoral roll were correctly given in each of these cases. Therefore it was more or less on a superficial view that the Returning Officer rejected the nomination papers without looking into the substance of the thing.