SAMIR RANJAN BARMAN Vs. BHANU LAL SAHA

JUDGEMENT

(1.) By this petition the petitioner has prayed for a declaration, inter alia, that the election of respondent from 16.1 Bishalgarh Assembly Constituency Tripura, for short, constituency in question to the Legislative Assembly in the general election held in 1983 is void and that the petitioner was duly elected for said constituency in question.

(2.) In the general election held in the year 1983 to the Legislative Assembly of Tripura on 5th Jan., 1983 the petitioner, a candidate sponsored by the political party namely, Congress (I) and the respondent, 3 sponsored by the political party C.P.I (M) were the contesting candidates from the constituency in question. The respondent secured 7,340 votes while the petitioner secured 6,900 and as a result the respondent was declared duly elected from the constituency in question. Aggrieved by the election result, the petitioner has approached this Court by II filing the present petition alleging, inter alia, A tint corrupt practices were resorted to, undue influence was practised, unfair means were adopted by the members, supporters of the political party which sponsored the respondent and/or other persons acting as agents of the respondent and/or his election agent and/or by the respondent himself and/or his election agent to win the said election. It may be stated that the political party C.P.I (M) was apart of the political group known as Left Front which sponsored the candidature of the respondent. In the election petition it has also alleged that ballot boxes were tampered with, instructions issued by the flection Commission and rules framed under relevant laws were not followed, that the counting was improper and that there had been improper reception of votes by the officers in favour of the respondent with the consent of the respondent and/or his election agent.

(3.) On the pleadings the following issues were framed by my learned predecessor vide order dated 13.9.1983 ;