BAL MUKUND DEWANGAN Vs. PRATIMA CHANDRAKAR

JUDGEMENT

(1.) This is an appeal in an election petition. The appellant was the election petitioner. He lost the election to the assembly constituency no. 166, Khertha, district Durg, Madhya Pradesh, to the first respondent by a margin of 158 votes.

(2.) Before the High Court, it was contended on behalf of the appellant that the whole election should be set aside on the ground of an alleged violation by reason of the non-adjournment of the poll in contravention of section 57 of the representation of People Act, 1951. The appellant and the respondent led evidence before the High Court and the following was established: At the polling station, bijabhata, no voting took place between 11:00 a. m. and 1:35 p. m. This was for the reason that the presiding officer, one mandavi, had permitted the local panchayat secretary, Virendra Sahu, to sit in the polling booth. Sahu had distributed ballot papers to voters so folded that the votes were likely to be rendered invalid. Mandavi had been replaced as a presiding officer at about 1:30 p. m. and thereafter polling had recommenced. In the cross-examination, one of the witnesses on behalf of the appellant, had revealed, that Sahu had left the polling station at about 10:00 a. m.

(3.) The High Court observed,