MANGANI LAL MANDAL Vs. BISHNU DEO BHANDARI

JUDGEMENT

(1.) The returned candidate Mangani Lal Mandal is in appeal under Section 116A of the Representation of the People Act, 1951 (for short, '1951 Act') aggrieved by the judgment dated November 25, 2011 of the Patna High Court whereby his election to the 15th Lok Sabha has been set aside.

(2.) The appellant the returned candidate contested the general Parliament election to the 15th Lok Sabha from 7, Jhanjharpur Parliamentary Constituency held on April 23, 2009. Altogether 12 candidates filed their nomination papers, including the appellant, as per the schedule fixed for conducting the said election. On May 16, 2009, the result of the above election was announced and the appellant was declared elected.

(3.) The respondent - Bishnu Deo Bhandari, a voter (hereinafter referred to as the 'election petitioner') - challenged the election of the returned candidate by filing the election petition before the Patna High Court. The election petitioner alleged that the returned candidate suppressed the facts in the affidavit that he filed alongwith his nomination papers that he had two wives and the dependent children by marriage with his first wife. He did not disclose the assets and liabilities of his first wife and the dependent children born out of that wedlock. The challenge to the election of the returned candidate was brought under Section 100(1)(d)(iv) of the 1951 Act and it was prayed that the election of the returned candidate be declared to be void.