SRI RAJ RAJ DEB Vs. SRI GANGADHAR MOHAPATRA

JUDGEMENT

(1.) THIS is an appeal from the decision of the Election Tribunal, Puri, declaring void the election of the appellant to the Orissa Legislative Assembly on the ground that he committed corrupt practices and further disqualifying him from standing as a candidate for election either to the Parliament or the State Legislative Assembly for a period of six years.

(2.) DURING the mid-term elections to the Orissa Legislative Assembly held on the 6th June, 1961, the appellant and three other candidates namely Sri Gangadhar moha-patra (respondent No. 1 in this appeal and petitioner before the Tribunal)hereinafter referred to as the petitioner, Sri Biswanath Parida (respondent No. 2 in this appeal) and Sri Balakrushna Das (respondent No. 3 in this appeal) stood as candidates for Satyabadi constituency in the district of Puri. The results of the poll were declared by the Returning Officer on the 10th June 1961. In the first counting the results of the poll were as declared as follows : gangadhar Mohapatra 9977 sri Raja Raj Dev 10145 biswanath Parida 4778 balkrushna Das 3001 no. of invalid votes 1136 on recount the results were as follows: gangadhar Mohapatra 9977 sri Raja Raj Dev 10145 biswanath Parida 4778 balkrushna Das 3001 no. of invalid votes 1136 the appellant was accordingly declared duly elected. Sri Gangadhar Mohapatra (petitioner) thereupon filed an election petition challenging the election of the appellant mainly on the ground of corrupt practice committed by him and his agents. He further alleged that several voters' of bastapada who would have voted for him were prevented from exercising their franchise on account of an error of Judgment on the part of the Presiding Officer of two polling stations, namely Nuasansarpur and Jeepur. He further alleged that while counting votes the Returning Officer wrongly declared invalid several votes which were cast for him and also wrongly counted in favour of the appellant several votes which should have been declared invalid.

(3.) THUS the main questions that were canvassed before the Election Tribunal were :