MUKESH NAYAK Vs. BRIJENDRA PRATAP SINGH

JUDGEMENT

(1.) This order shall govern disposal of I.A. No.43/2009, which is an application, under Order VII Rule 11 of the Code of Civil Procedure (for brevity "the Code") read with Section 86 of the Representation of People Act, 1951 (for short "the Act"), seeking rejection of this election petition at the threshold on the following grounds -

(2.) In this petition, election of returned candidate viz. the respondent to M.P Legislative Assembly Constituency No.58 Pawai (hereinafter referred to as the 'Constituency') has been called in question on the ground of irregularities in the counting of votes with a prayer for a direction for recounting of the votes polled as well as the postal ballot papers received in the Constituency. The petitioner has also sought a declaration that irregularities committed by the Returning Officer in counting the votes have vitiated the entire process of election and has further entreated to punish the persons found involved therein.

(3.) Election to the Constituency was held on 27.11,2008 in which as many as 18 candidates were in the fray. The petitioner and the respondent contested the election respectively as the official candidates of Bhartiya Janshakti Party and Bhartiya Janta Party. Counting of votes through Electronic Voting Machines (EVMs) was scheduled to take place on 08.12,2008. The petitioner had appointed Devendra Kumar Tiwari, Rajaram Singraul, Rajkumar, Ramsewak, Chhotela Pathak and Shri C.L. Singraul as counting agents whereas one Kedar Prasad acted as agent of another candidate namely Kamlesh Dwivedi for the purpose As per tne result notified after conclusion of the counting, the respondent was declared duly elected, as he had secured 39921 votes whereas his nearest rival viz. the petitioner could get 39011 votes.