PADAM NANDA Vs. LAKHMA KAWASI

JUDGEMENT

(1.) These 2 Election Petitions challenge the election of first respondent from Constituency No. 90 i.e. Konta, in Assembly Elections 2008 on identical grounds, therefore, they are being disposed of by this common judgment.

(2.) The first respondent and 3 other candidates contested Assembly Elections, 2008 of Chhattisgarh Legislative Assembly from Constituency No.90 i.e. Konta Constituency. Polling took place on 14.11.2008 and the result was declared on 8.12.2008. The first respondent was elected by a margin of 192 votes. He was a candidate of Indian National Congress. The petitioner in Election Petition No. 03/2009 was an electorate and his name finds place in voter list of Konta Constituency, whereas, the petitioner in Election Petition No. 09/2009 was a candidate of Bhartiya Janta Party. He polled 21438 votes and the first respondent polled 21630 votes.

(3.) The petitioners have taken the grounds that many voters of Constituency No.90, who were residing in Salwa Judum Camps, were deliberately not allowed by the State Authorities to cast their votes. Their Photo Identity Cards were deliberately not distributed by the State Authorities in connivance with respondent No.1. The nomination of respondent No.1 was improperly accepted as details of property of his family was not given and he had not furnished information regarding pendency of criminal cases. It was also alleged that irregularities were committed at the time of counting of votes of Polling Booth Nos. 50 & 56 and Government Machinery was used by respondent No.1, and the State Authorities had assisted him in winning the election. They also took the ground that correct expenditure incurred by respondent No.1 was not declared and it was over and above the limit fixed.