TOOFANI Vs. VIJAI

JUDGEMENT

(1.) In the instant elec tion petition, under Section 80/81 of the Representation of the People Act, 1951 (hereinafter referred to as R. R Act only), brought by one Shri Tbofani, who has lost the election, arising out of the General Elections relating to 12th Lok Sabha, the respondent No. 1 Shri Vijay, a winning candidate has filed application under Order VI and Order VII, Rule 11 of the Code of Civil Procedure, read with Section 86 (1) of the R. P. Act, for striking of para graphs 9 to 16, 17 (1) to (XXXIX), 18 and 19 of the election petition and dismissing the election petition, which has been resisted by the petitioner.

(2.) The learned counsel for the respondent No. 1, Shri Vijay and the petitioner, have been heard at length.

(3.) General Elections relating to the constitution of 12th Lok Sabha in the year 1998 were held between 2nd March, 1998 to 6th March, 1998. The petitioner Shri Tbofani was a candidate from Samajwadi Party, the respondent No. 1, Shri Vijay was a candidate of Bhartiya Janta Party, the other contestants were respondent No. 2 to 8, in the said election the petitioner has lost by a margin of 825 votes. The petitioners allegations are that in the State, the Bhartiya Janata Party was in power, the official machinery was in favour of Bhartiya Janata Party can didates. The Parliamentary Constituency No. 49 to which this election petition re lates was a Reserved Constituency, it com prises five Assembly segments, namely, (1) Sadat, Ghaziapur, (2) Zakhania, Ghazipur, (3) Saidpur, Varanasi, (4) Kerakat, Jaunpur and (5) Bayalsi, Jaun -pur, covering three districts, namely, Jaun pur, Ghazipur and Varanasi. The counting in the three districts at Jaunpur, Ghazipur and Varanasi concluded by 1 p. m. on 3rd March, 1998 and after finalisation of the Chart (Form No. 20) the petitioner was declared to have been elected. A Special News Bulletin was broadcasted and televised by Doordarshan between 1 and 2 p. m. on that date and announced the petitioner to have been declared elected from the constituency. Subsequently, manipulations were made in Chart prepared in Form 20, the result was changed and the respondent No. 1 Shri Vijay was declared elected at about 6 p. m. on that date. The petitioner has called in question the aforesaid declaration of result on the following two grounds: