HARI SHANKAR PRASAD Vs. SHAHID ALI KHAN

JUDGEMENT

(1.) This election petition has been filed by the above-named petitioner who was also a candidate in the fray challenging the returning of respondent No. 1 in the last Assembly Election held in the year 2000 in respect of 67 Sitamarhi Assembly Constituency of Bihar Vidhan Sabha. At the very outset it should be mentioned that difference of votes by which respondent No. 1 had been declared elected is only a margin of 35 votes from that of the election petitioner.

(2.) The election programme of the Assembly Election for 67 Sitamarhi Constituency was as follows :- <FRM> 1. Last date of filling of nomination - 3-2-2000 2. Date for scrutiny of nimination papers - 4-2-2000 3. Last date for withdrawal of candidature - 7-2-2000 4. Last date for preparation of list of candidates - 7-2-2000(after 3 p.m.) 5. Date of polling - 22-2-2000 6. Date of repelling on eight booths - 24-2-2000 7. Date of counting - 25-2-2000 and 26-2-2000 8. Date of declaration of result - 27-2-2000 </FRM>

(3.) As per the aforesaid programme, election was held and lastly in total seventeen candidates had remained in the fray. All the candidates who fought election besides the election petitioner and respondent No. 1 had been made respondents in this election petition as respondent Nos. 2 to 16. The petitioner was a nominated candidate of recognized political party, namely, Bharatiya Janata Party while the returned candidate i.e. respondent No. 1 Shahid Ali Khan had contested the poll as a Rashtriya Janata Dal candidate and, as such, recognized symbols of Kamal and Lantern had been provided as the symbols of the election petitioner and respondent No. 1 respectively. Similarly, the other candidates who had contested from recognized national party and non-recognized political party and also independent candidates have been provided with different symbols, the details of which have been given in paragraph 4 of the election petition. As per the programme, the election was conducted on 22-2-2000 but on receipt of certain report regarding booth capturing etc. repoll was held in eight booths, namely, booth Nos. 40, 66, 73, 227, 235, 250, 251 and 252 and the same was held on 24-2-2000. The counting started in the morning hours on 25-2-2000 and concluded in the evening hours on 26-2-2000 and the result was declared on 27-2-2000. As per the result-sheet the petitioner had received in all 58,705 votes whereas respondent No. 1 Shahid Ali Khan had received 58, 740 votes. A total number of 1,545 votes have been shown to be rejected. In that way, respondent No. 1 was shown to have been elected by a margin of 35 votes. The grievance of the petitioner is that the result of the election is in gross violation of Rule 56 of the Conduct of Election Rules, 1961 and settled law and norms. The same is required to be declared as void. According to the petitioner, if the counting had been done properly and the total votes polled in favour of the petitioner if counted properly then the petitioner would have been declared as elected by a margin of more than 100 (one hundred) votes.