AMAR NATH Vs. JANARDAN PRASAD OJHA

JUDGEMENT

(1.) Shyam Deurawa Assembly constituency No. 193, in District Gorakhpur went to polls on Mar. 2, 1985. After counting of votes on Mar. 6, 1985 Janardan Prasad Ojha, one of the 17 contesting candidates, who was declared elected by the Assistant Returning Officer, is said to have received 28135 valid votes. Amar Nath, who has challenged his election through the present Election Petition, was a close second having received 28013 votes. The difference of votes between him and Janardan Prasad Ojha, who is the first respondent in the petition, was thus of 122 votes.

(2.) The election petition was presented in this Court on April 11, 1985. In it, the ground of challenge is contained in para. 5. The ground put forward is that the result of the election in so for as it contained Janardan Prasad Ojha, was materially affected by improper acceptance of invalid ballot papers as valid in favour of Ojha, by improper rejection of valid votes cast in favour of petitioner Amar Nath and by non-compliance with the provisions of the Conduct of Election Rules, 1961 and by other mistakes and irregularities committed during the course of counting in favour of Ojha.

(3.) The concise statement of material facts in respect of the ground aforesaid is contained in paras. 7 to 23 of the petition. The prayer of the election petitioner is that, after allowing inspection of used and rejected ballot papers of the Constituency and their re-scrutiny and recount, the election of Ojha be declared void and petitioner Amar Nath be declared elected to the U.P. Legislative Assembly from 193 Shyam Deurawa Assembly Constituency.