RAMJI PANDEY Vs. VIKRAMADITYA

JUDGEMENT

(1.) This is an election petition under S.81 of the Representation of the People Act, 1951.

(2.) General Election to the State Legislative Assembly took place in the month of March. 1985. For the Legislative Assembly Constituency No. 227 Ballia, the last date for filing the nominations was notified as 6th Feb. 1986; the scrutiny was to take place on the 7th and the nomination could be withdrawn up to 9th Feb. The poll took place on 2nd March, 1985. The petitioner and the respondents 1 to 19 were the contesting candidates at this election. Counting of votes took place on 6th March followed by the declaration of the result. The respondent 1 was declared elected defeating the petitioner, who was the nearest rival, by a margin of 1645 votes.

(3.) The election of the respondent is challenged by the petitioner on two grounds. The first is that on the date of the nomination the respondent was the Principal. Shahid Mangal Pandey Intermediate College, Nagwa district Ballia a recognised Government institution and as such he was disqualified from seeking election to the State Legislative Assembly in view of Art.191(1)(a) of the Constitution. Due to the nomination of the respondent being accepted, however, the election was materially affected so far as the returned candidate is concerned. The other ground raised is that there has been breach of the provisions of the Act Conduct of Election Rules, 1961, in the matter of counting of the ballot papers thereby affecting the result materially. The relief claimed is declaration that the election of the respondent 1 is void and that the petitioner is duly elected. The petitioner has also prayed for inspection, scrutiny and recounting of the entire set of used acid rejected ballot papers and the counterfoils.