AJURAM Vs. SHATRUHAN SAHU

JUDGEMENT

(1.) HEARD .

(2.) THE writ petition was allowed vide order dated 28 -8 -2012. It was held that there was no proper trial of the election petition. The order directing recount and subsequent declarations were held illegal and set aside. The Election Tribunal was directed to hold the trial afresh after framing issues, recording evidence on the issues and decide the election petition in accordance with law.

(3.) ASSAILING the correctness and validity of the order setting aside petitioner's election, learned counsel for the petitioner argued that the election petitioner failed to prove by leading any admissible, oral or documentary evidence that any corrupt practice was played by the petitioner or by his agent or by any other person with consent of election agent. He further submitted that election petitioner failed to lead any evidence nor was any other material produced before the Election Tribunal that votes were cast either in the name of dead persons or in the name of those, who had already migrated from the Gram Panchayat area. It is next contended that the election petitioner did not come out with specific pleading, much less proof that any of the votes cast in favour of election petitioner were improperly accepted nor could prove that any valid vote cast in favour of election petitioner was illegally rejected. Even then, the Election Tribunal has allowed the election petition on conjecture and surmise and thereby exceeded its jurisdiction.