BISHUNDEO NARAIN SINGH Vs. BABULAL SAH

JUDGEMENT

(1.) This application has been filed by the sole petitioner, Bishundeo Narain Singh, under Articles 226 and 227 of the Constitution of India, against an order dated the 22nd July 1970 (Annexure '2') passed by the Election Tribunal (respondent No. 5) directing the recounting of ballot papers with reference to the marked copy of the electoral rolls.

(2.) The petitioner along with respondents Nos. 1 to 4 contested for the election of Mukhiya of Katahan Gram Panchayat in the district of Champaran. In the said election, the petitioner was declared as elected. Thereafter Babu Lal Sah (respondent No. 1) filed an election petition before the Election Tribunal (Respondent No. 5) challenging the validity of the election of the petitioner. Subsequently, respondent No. 1. also filed a petition on the 8th July 1970, (Annexure 3) before respondent No. 5 praying for recount and rescrutiny of rejected votes at all the polling booths and recount and re-scrutiny of the votes which the petitioner secured at polling booth No. 3. After hearing the parties as well as examining the evidence of some of the witnesses adduced on behalf of respondent No. 1, the Election Tribunal passed the impugned order (Annexure '2').

(3.) Mr. Karuna Nidhan Keshava, learned Counsel appearing on behalf of the petitioner, contended that the said order of the Tribunal was bad as it was not founded on adequate evidence. According to him, it did not apply its mind before passing the order for inspection and rescrutiny of ballot papers. He urged that the Tribunal has violated the well established principles of maintaining the secrecy of ballot papers. In order to substantiate his contention he relied on a decision of the Supreme Court in the case of Ramsewak Yadav v. Hussain Kamil Kidwai, AIR 1964 SC 1249 wherein their Lordships have observed that a Tribunal would be justified in granting an order for inspection provided two conditions are fulfilled:--