Supreme Court · 1965 INSC 105 · Decided 15 April 1965

Kedar Pandey v. Narain Bikram Sah

Court
Supreme Court of India
Citation
1965 INSC 105 · [1965] 3 S.C.R. 793
Case number
CIVIL APPEAL No. 976/1964
Decided
15 April 1965
Bench
P.B. GAJENDRAGADKAR, K.N. WANCHOO, M. HIDAYATULLAH, V. RAMASWAMI (4-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 5(c), 173, 5

Headnote

Constitution of India, 1950, Art. 5(c)-Acquisition of Indian domicile-Proof. The appellant and respondent were contesting candidates for election to the State Legislative Assembly. The respondent was declared elected, and the appellant filed an election petition chal­ lenging the election on duly qualified under Art. 173 of the Constitution as he was a citizen of Nepal and not a citizen of Inclia. The Tribunal held that the respondent was not a citizen of India, but the High Court in appeal set aside that order and upheld the election of the respondent. On the question whether the

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