LAWS(SC)-1971-8-23

JANAK SINHA Vs. MAHANT RAM KISHORE DAS

Decided On August 23, 1971
JANAK SINHA Appellant
V/S
MAHANT RAM KISHORE DAS Respondents

JUDGEMENT

(1.) This is an appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter to be referred as the Act) against the judgment and order dated June 30, 1970 of the Patna High Court in Election Petition No. 11 of 1969, setting aside the election of the appellant to the Bihar Legislative Assembly in the mid-term elections held in that State in February, 1969.

(2.) In the mid-term elections held in Bihar in February, 1969, for the Minapur Assembly Constituency No. 65 in the District of Muzaffarpur, eight candidates including the appellant and the respondent had filed their nomination papers and contested the election on behalf of various parties. The appellant was a candidate of the Congress party having a symbol of "a pair of bullocks with yoke" and the respondent was a candidate on behalf of the Soshit Dal, the symbol of which was "Fish". Though there were eight candidates in the field, the main contest was between the appellant and the respondent. The appellant was a Rajput by caste and the respondent a Bhumihar Brahmin. The date of poll was February 9,1969, but in respect of two polling booths Nos. 57 and 99, there was a repoll on February 12, 1969. The counting of votes took place on February 13, 1969 and the results of the election were declared the same day. The apellant got 33,903 votes as against the respondent who got 32,978 votes and there was a difference of 925 votes between the appellant and the respondent. In consequence the appellant was declared elected.

(3.) The respondent filed, under Sections 80-A and 81 of the Act, Election Petition No. 11 of 1969 in the High Court, challenging the election of the appellant on various grounds. According to the respondent the appellant, his agents, workers and supporters, with his consent had committed corrupt practices on a very large scale under sub-sections (2) and (3) of Section 123 of the Act.