TMI Blog1973 (4) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... o elect a Member of the Lok Sabha in the vacancy caused by the dissolution of the Lok Sabha in the month of December, 1970. The last date for filing nominations was 3-2-1971 and the date of scrutiny of nominations was 4-2-1971. Nearly fourteen persons filed their nominations two of them being the appellant, Mr. Horo, and the respondent, Mrs. Jaipal Singh. It appears one of the candidates objected to the nomination of Mrs. Jaipal Singh on the ground that she was not a member of a Scheduled Tribe. That objection was considered by the Returning Officer who upheld the objection and reflected her nomination paper. In due course the election was held and the appellant, Mr. Horo, was declared elected. The petition namely Election Petition No. 9 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed upon that Constituency to elect a member to the Lok Sabha. Several persons filed nomination papers, Mr. Horo and Mrs. Jaipal Singh being two of them. Objection was raised to Mrs. Jaipal Singh s nomination then also on the ground that she was not a member of the Munda Scheduled Tribe. That objection was upheld by the Returning Officer. After the polling, Mr. Horo was declared elected and on July 8, 1970 Mrs. Jaipal Singh filed the election petition objecting to the election on the ground that her nomination paper had been rejected illegally. That was Election Petition No. 2 of 1970. When that petition was pending in the High Court, the Lok Sabha was dissolved, and, as already pointed out. the Election Commission called upon the Constituen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Judge of the High Court when dealing with the present election petition namely Election Petition No. 9 of 1971 and naturally the points in controversy before him became very limited. There was the judgment of this Court before him which held that Mrs. Jaipal Singh had become a Munda by reason of her marriage to the late Mr. Jaipal Singh and since her nomination had been improperly rejected on the ground that she was not a Munda, the election of Mr. Horo was liable to be set aside. 5. In appeal before us Mr. Anthony appearing for Mr. Horo tried to persuade us that the judgment of this Court in the previous petition requires to be reconsidered the contention being that Mrs. Jaipal Singh who was a christian could no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the previous petition and, therefore, must be deemed to have been finally decided. The learned Judge was of the opinion that the bar raider Section 57 of the Indian Divorce Act, 1889 was a matter which might and ought to have been made a ground of defence in the former election petition and consequently it was deemed to be a mattes directly and substantially in issue in the previous election petition and, therefore, cannot be allowed to be raised in the present petition. 8. This Court s judgment in the previous petition clearly goes to show that this Court refused to entertain this ground as it had not been pleaded or pressed before the trial court. Mr. Anthony, appearing lost Mr. Horo in that appeal had distinctly raised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld get over the bar of Section 57 in the way of remarriage before the expiry of the prescribed period. In these circumstances we do not consider that such a point can be allowed to be agitated for the first time before this Court. 9. The above passage goes to show that the point was finally disposed of. Some snap answers given by the respondent in her evidence in that case were sought to be exploited in this Court for the purpose of supporting a new argument under Section 57 of the Indian Divorce Act, 1869 although there was no plea either in the pleadings or in the arguments before the learned Judge who decided the petition. The observations proceed on the basis that it was open to the parties to put forward the plea which M ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
