RAMA CHANDRA KHUNTIA Vs. ASHOK KUMAR DAS

JUDGEMENT

(1.) The petitioner has filed this application under the Representation of the People Act (hereinafter referred to as the "Act") for declaring the election of respondent No. 1 as void and for inspection and recounting of all the ballot papers and to declare the petitioner to have been duly elected.

(2.) Certain facts which are no longer in dispute may be noticed. The election to 24-Korei Assembly Constituency took place on 9-3-1995 and on 12-3-1995, respondent No. 1 was declared to be elected having secured 60,415 votes as against 57,591 votes secured by the present petitioner, who was the nearest rival, the margin of difference being 2,824. It is not disputed that the counting took place on 11-3-1995 and was finalised on 12-3-1995 in N. C. College, Jajpur. 14 tables had been placed in "U"-shape manner for the purpose of counting and another table was placed for utilisation of the Returning Officer. In respect of each table there was a Counting Supervisor and two Counting Assistants who were seated on either side of the Counting Supervisor and the various Counting Agents of the candidates were seated opposite to the Counting Supervisor and a barrier had been provided in front of each table. The procedure of counting which had been followed was as follows :-

(3.) Though, by and large, there is no dispute about the procedure adopted, the main grievance of the petitioner centres round the illegalities/irregularities in the process of counting. Initially, the petitioner had challenged the election mainly on two grounds, one relating to corrupt practice and the other relating to illegality/irregularity in the process of counting of votes. After substantial progress in the trial of the election case had been made, the petitioner filed a Memo supported by affidavit indicating that he was no longer interested to press the allegations relating to alleged corrupt practice. Subsequently, a petition was filed and order was passed, in effect, confining the election petition to the allegations relating to illegality/irregularity in the process of counting. Though initially several Issues had been framed including issues relating to corrupt practice, in view of the petition, only Issues Nos. 1, 2 and 7 are required to be considered. The said Issues framed by my learned predecessor Hon'ble D. M. Patnaik, J., are extracted hereunder :-