RAM SARAT SINGH Vs. HARISH CHANDRA MAHTO

JUDGEMENT

(1.) The appellant was elected as a member of the Bihar Legislative Assembly from 69 - Belsand Assembly Constituency, securing 30,501 votes as against 18,371 polled by his nearest rival Sri Ramanand Singh. The poll was held on March 5, 1972. A re-poll of polling stations situate in village Aura was held on March 10, 1972.

(2.) Harish Chandra Mahto, respondent herein, an elector of the Constituency, filed an election petition in the Patna High Court calling in question the election of the returned candidate inter alia on the ground of undue influence exercised at several polling stations including those located at Sanbarsa, Narwana, Fatehpur and Manguraha. It was alleged that the returned candidate, his agents and supporters with the consent and connivance of the returned candidate, drove away the voters, seized the polling stations and procured bogus votes in favour of the returned candidate. In Sch. IV, appended to the election petition, the names of the voters who were allegedly restrained by the returned candidate or his agents or supporters at different polling booths on the date of the poll were mentioned.

(3.) The High Court framed the issues and recorded the entire evidence adduced by the parties, The petitioner examined 54 witnesses, including two who were simply tendered. The returned candidate examined 135 witnesses, in rebuttal, apart from himself appearing in the witness stand as R. W. 136. Almost at the close of the final arguments, the election petitioner on January 17, 1974, moved an application before the High Court praying inter alia for permission to inspect the counterfoils of the ballot papers of eight voters who as R. Ws. 10, 11, 12, 14, 37, 115, 118 and 136 had stated that on the polling day they were absent from the village. It was asserted that the inspection of the counterfoils would show that votes had been polled in their names. The returned candidate opposed the application. By an order dated February 5, l974, the learned trial Judge allowed inspection of the counterfoils pertaining to R. Ws. 10, 11, 12, 14, 37, 115, 118 and 136, who were to cast their votes in the polling booths located at village Narwara. Aggrieved by that order the returned candidate has filed this appeal after obtaining special leave under Art. 136 of the Constitution.