Representation of People Act, 1951–Secs. 33 & 100(1)(d)(iv)–Election petition was allowed with the observation that it was a case of improper acceptance of nomination paper of appellant which materially affected the result of election–Justification–Claim of election-petitioner that the appellant did not mention the properties of her spouse–Husband of appellant had owned and possessed certain properties–Case of appellant that as per custom of her community, it is only the first wife who would succeed to the properties of her husband–Before filing the nomination paper, a legal heir certificate was issued in favour of first wife–It was challenged by the appellant and impugned order of issuance of certificate was set aside and matter was remitted back to proper Court for consideration–In the petition challenging the issue of legal heir certificate, the appellant had not set up the title to the property which was owned by her late husband but had only contended that the legal heir certificate issued by the concerned Court was without jurisdiction–Neither on the date of death of the spouse nor on the date of filing the nomination for the election, the property left behind by the deceased was claimed by the appellant–It cannot be construed that there was a defect of substantial character–It was not a case of improper acceptance of the nomination filed by the appellant–Impugned order passed in election petition is liable to be set aside.
