RAMJI PRASAD SINGH Vs. RAM BILAS IHA

JUDGEMENT

(1.) This is an appeal under Section 116A of the Representation of the People Act, 1951 from the judgment of the Patna High Court dated May 9, 1974 in Election Petition No. 42 of 1972.

(2.) On March 29, 1972 the Election Commission issued a notification calling upon the Mazaffarpur Local Authorities Constituency to elect one member to the Bihar Legislative Council. That Constituency consists of the Municipalities of Muzaffarpur. Sitamarhi, Hajipur and Lalganj and the Notified Area Committees of Mahnar and Dumra. We are concerned in this appeal with the Notified Area Committee of Dumra only. According to the programme notified by the Election Commission, the last date for filing nominations was April 5, 1972. The poll was held on April 30 and the result of the election was declared on May 1, 1972. Respondent 1 Ram Bilas Jha, an independent candidate, secured the highest number of votes, namely 61whereas his nearest rival respondent 5, Mahanth Raghunath Das, a Congress (R) candidate, secured 36 votes. Respondent 1 was accordingly declared elected.

(3.) The appellant Ramji Prasad Singh was a voter for the election being a member or commissioner of the Sitamarhi Municipality. On 14-6-1972 he filed an election petition in the Patan High Court challenging the election of respondent 1 on various grounds. Before us, appellant restricted his challenge to the following two grounds :-