(1.) In the instant Election Petition the petitioner has challenged the validity of the election of Dr. Makhan Lal Bangal, respondent No. 1 who was declared elected from 216, Sabang Legislative Assembly Constituency in the District of Midnapore, Sub-Division Kharagpur, and has inter alia prayed for a declaration that the election of Dr. Makhanlal Bangal is void and for a further declaration that the petitioner Dr. Manas Bhunia have been duly elected.
(2.) The margin of win by Dr. Bangal in this election is 825 votes only. The total number of voters in this constituency was 1,26,719 and out of that 1,22,293 voters including the postal ballot voters have cast their vote in the said constituency. It has been pointed out by Mr. Lala, learned Advocate for the petitioner that the percentage of voting in the said Assembly Constituency comes to 96.51 percent and only 3.49 percent voters have not cast their votes. It has also been submitted by Mr. Lala that the huge percentage of voting is a record, particularly in a remote village of West Bengal and as such should be viewed with suspicion.
(3.) Dr. Makhanlal Bangal is the Left Front candidate nominated by Biplabi Bangla Congress, a constituent of the Left Front for the last 20 years, who received 60,453 votes including postal ballots. Dr. Bhunia was a candidate sponsored and nominated by the Indian National Congress. He has received 59,628 votes including postal ballots in the said election. The third candidate Mr. Nagendra Nath Jana of B.J.P. received only 594 votes including postal ballots.