RAJ KISHORE SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, counsel for the State, counsel for the Election Commission and counsel for respondent no. 6 (election petitioner).

(2.) AFTER the election results were declared, the respondent no. 6 Rajendra Nath Sharma filed an election petition, inter alia submitting that publication of the symbol in ballot papers has materially affected the election and the election results, therefore, the election results be set aside, the votes cast against 'Banglow ' we counted in favour of the said Rajendra Nath Thakur and he be declared elected. The learned election tribunal after recording evidence and hearing the parties recorded a finding that the election symbol 'Banglow ' was allotted to the petitioner but in ballot papers it was shown to have been allotted to the returned candidate Rajendra Nath Thakur who was originally allotted Bucket as the election symbol. After marshalling the evidence and granting the election petition it directed that all the the votes cast against the election symbol 'Bunglow ' be counted in favour of the election petitioner. It accordingly allowed the application and declared the election petitioner as returned candidate.

(3.) I have heard the parties at length.