DIBYENDU BISWAS Vs. RABIN DEB

JUDGEMENT

(1.) The instant Election Petition has been filed by the petitioner challenging the election of respondent No. 1 as a returned candidate from 152 Ballygunge Assembly Constituency on the basis of declaration of result made by the concerned Returning Officer on 11th May, 1996. The case of the election petitioner is based on alleged corrupt practices committed by the respondent No. 1 and his election agent with the help of the Counting Officials, Assistant Returning Officer and the Returning Officer at the time of counting.

(2.) It has further been alleged that there were improper reception, refusal and rejection of votes which materially affected the result of the election. It has further been alleged that the result of the election in so far as the returned candidate is concerned is illegal and void and as such the said election of the returned candidate be declared void and the petitioner be declared elected upon proper recounting, scrutiny and inspection of all ballot papers used in the said election including rejected ballot papers and other ballot papers as also the statutory forms and returns.

(3.) The Election Petition was filed by the Election petitioner on or about June 6, 1996 and thereafter an order was passed on 9th July, 1996 after the copies of the Election Petition was served upon the respondents, inter alia deleting the names of the respondent Nos. 1-6 being Government officials who cannot be made parties in the Election petition and further leave was given to the Advocate for the respondent No. 1 to file the written statement and on the prayer of the said Advocate, leave was also granted to raise preliminary objection.