implication exclude the common law
remedy, and the party suing has his election to pursue
either that or the statutory remedy. The second class ... India and
Another,28 this Court had examined the doctrine of election in the
context whether an order under proviso to Section
namely Hari Shanker Jain and Hari
Krishna Lal had also contested the election but lost. Three election
petitions were filed before the High Court ... Allahabad laying challenge
to the election of the respondent of which two were filed by the
appellants before us. The two election petitions filed
rule and any appointment to an office may be made or election held under this Act, after it shall have received the assent ... carrying of sewage, offensive matter, rain water of subsoil waters; [(8-a) "Election Commission" means the State Election Commission consisting of a State Election Commissioner
Hence this reference.
2. The petitioner, as a voter, has challenged the election of respondent No. 2 as President and of respondents ... counsel in some class of cases. However, prior to his contesting the election he had intimated the council on 8-7-1971 that he would
powers conferred on them by Section 199 (2) (c), "No election of a Member or of a President of a District, Taluq, or Union ... Board shall be called in question except by an election petition presented in accordance with these rules, to the District or Subordinate Judge having jurisdiction
constitution of the
House in the aftermath of a new election and those in relation to a duly constituted
Assembly. There is,in the submission ... legislative
assembly at the commencement of the session after the general election and at the
commencement of the first session of each year. The powers
Government of India Act. It arises out of an election petition filed by the applicant, Mr. Ghulam Nizam Uddin, against the opposite party, Mr. Akhtar ... elected a member of the District Board of Agra and his election was challenged by the applicant. The Respondent produced before the District Judge
petitioner before the District Judge, one Mr. Mahabaleswarappa. In an election petition which Mr. Gopalaswami Mudaliar filed in the Court of the Election Commissioner ... Gopalaswami Mudaliar was still President of the District Board.
2. The election petition was heard and decided by Mr. P. Rajagopalan, at the time
JUDGMENT
Krishnan, J.
1. These ptitions arise in connection with the election of the president of the Taluk Board of Gobichettypalayam under the new Madras ... Venkatesa Aiyar were the rival candidates for the place. In the election on the 15th of March last, the date fixed for it, Mr. Gounder
that there was some dispute with regard to the validity of the election of the said management which was under consideration by the Court. Subsequently ... very notification in pursuance to which the election of the management was held, was quashed.
When the papers relating to the selection/appointment
