WILFRED D SOUZA Vs. FRANCIS MENINO JESUS FERRAO

JUDGEMENT

(1.) The petitioner and the respondent were candidates for the by-election to the Benaulim Assembly Constituency held for filling up the vacancy caused by the death of Vassudev Sarmalkar. When the votes were first counted by the Returning Officer the total number of valid votes recorded in favour of the petitioner were 4,656 and those in favour of the respondent, 4,654. Two hundred and thirty four ballot papers were rejected. After the recount was held at the request of the respondent it was found that the total number of valid votes in favour of the petitioner were 4,651 and those in favour of the respondent were 4,652. In this first re-count seven more ballot papers were rejected. A second re-count was made on the application of the petitioner and on this re-count the total number of votes for the petitioner were found to be 4,650, those in favour of the respondent 4,652 and the number of rejected ballot papers was one.

(2.) In this election petition the petitioner challenges the election of the respondent on three grounds, namely:-

(3.) The respondent raised a preliminary issue, namely, whether the petition is bad and not maintainable in law for noncompliance with the statutory requirement of Section 83 (1) (a) of the Representation of the People Act 1951 (hereinafter referred to as "the Act"), for not setting out material facts in respect of each of the allegations made in the petition.