JANAK SINGH Vs. RAM DAS RAI

JUDGEMENT

(1.) The appeal is directed against the order passed by the Learned Single Judge or the Patna High Court dated September 26, 2003 wherein the Election Petition filed by the appellant was dismissed with costs of Rs. 1000/-. Hence, the present appeal has been filed by the appellant election petitioner against the aforesaid order.

(2.) The appellant was a contesting candidate in the State Assembly General Election from 38 Sararya Assembly Constituency which took place on 17th February, 2000. In that election the appellant lost the election and the respondent No. 1 Ram Das Rat was declared elected. Therefore, the appellant filed the petition challenging the aforesaid election on the various grounds i.e. non-compliance of provisions of Act and Rules and also non-compliance of the directions given by the Election Commission of India. But the main ground of challenge was miscounting of ballot papers resulting in not counting the valid votes cast in his favour. The difference of votes between the election petitioner and the returned candidate i.e. respondent No. 1 was only 265 votes. Therefore, the appellant prayed that the election petition should be allowed and he should be declared as an elected candidate.

(3.) According to the polling schedule the last date for filing the nomination paper was January 31, 2000, the date of scrutiny was February 1, 2000, the last date for withdrawal of candidature was February 3, 2000 and the date of polling was February 7, 2000. (But the actual polling was held on February 17, 2000.) 17 candidates were in the fray after scrutiny and withdrawal of the candidates. The appellant Janak Singh was the official, candidate of Bharatiya Janta Party having a symbol of Lotus. The returned candidate Ram Das Rai was an official candidate of Rastriya Janta Dal having a symbol of Lantern. Five other candidates were from All India Political Parties and they were having their official symbols. Nine of the candidates were independent and they were given the symbol of their choice. The actual polling took place on February 17, 2000 from 8.00 a.m. to 5.00 p.m. The elected candidate Ram Das Rai received 40,680 voles while the appellant Janak Singh received 40415 votes. It was alleged that the returning officer was not fair and impartial because respondent No. 1 Ram Das Rai the elected candidate was a Minister in the State Government at the relevant time and all illegal means were adopted to ensure the victory of this candidate. It was alleged that S.D.O. Marharwah was appointed as a returning officer at the instance of Respondent No. 1 to ensure his victory and the returning officer was asked to choose his own Assistant Returning Officer for alleged purpose. It was also alleged that counting staff was never approved by the District Election Officer they were all Assistants of the office of the S.D.O. It was alleged that respondent No. 1 manipulated through the returning officer in deployment of military and para-military threes at different polling booths. It was alleged that there was no fair polling in respect of several booths and particularly in booth Nos. 105. 106, 107, 225 and 249 as the ballots in those booths did not bear signature and seal of the Presiding Officer and the distinguishing marks of the booths. As regards the booth Nos. 175 and 176, the first information report was received that respondent No. 1 had forcibly snatched away arms and ammunition of police personnel in order to commit rigging during the polls. However, all the illegalities committed by respondent No. 1 were informed by Fax message to the Election Commission of India and to other appropriate authorities.