CHANDRASEKHAR PRASAD SINHA Vs. INDERDEO PRASAD MAHTON

JUDGEMENT

(1.) This application is directed against an order dated the 28th August, 1950, passed by the Additional Election Commissioner, Darbhanga, declaring the election of Babu Chandrasekhar Prasad Sinha to the District Board of Darbhanga void.

(2.) In May-June 1919, there was held an election from the Mohaddinagar Thana Constituency to the District Board of Darbhanga. Indraded Prasad Mahton, Chandrasekhar Prasad Sinha and Ram Ahrad Thakur were candidates from that constituency. Indradeo Prasad Mahto was a Congress nominee, whereas the other two were independent candidates. The polling began on the 30th May, 1949, and ended on the 2nd June 1949. The results were announced on the 7th June, 1949 when the Returning Officer declared Chandrasekhar Prasad Sinha as having been duly ejected, he having obtained the largest number of votes. The result was published in the Bihar Gazette dated the 20th July, 1949.

(3.) Subsequent to that Indradeo Prasad Mahton filed an election petition for a declaration that the election of Chandrasekhar Prasad Sinha was void on the ground that he, his agents, friends, relations, sympathisers and supporters at his instance and instigation and with his consent or connivance had created a reign of terror by committing murders and by indiscriminately assaulting voters and passers-by, so as to create an atmosphere of general intimidation, and had prevented the voters from exercising their legitimate rights of franchise. It was asserted that in these circumstances, not only were the results at the poll affected but that the entire election was vitiated, and should be declared void.