JANAK SINGH Vs. RAM DAS RAI AND ORS.

JUDGEMENT

(1.) This petition has been filed under Sections 80, 80A and 81 of the Representation of People Act, 1951 (hereinafter referred to as the 'Act') questioning the election of returned candidate, namely, Ram Das Rai, in the State Assembly Election of 38 Saraiya Assembly constituency which was held in the month of Feb., 2000.

(2.) The petitioner was one of the contesting candidates in the State Assembly General Election from 38 Saraiya Assembly Constituency which took place on 17-2-2000. The present election petition has been filed calling in question on various grounds having non-compliance of various provisions and rules of the Act and also non-compliance of the directions given by the Election Commission of India as contemplated under Art. 324 of the Constitution of India. But the main ground of challenge is miscounting of ballot papers and on that ground it has been submitted that respondent No. 1 was shown to have secured more votes on poll and had been illegally declared as a returned candidates. The difference of votes between the election petitioner and the returned candidate i.e. respondent No. 1 is only 265 votes. Relief has been claimed in this election petition for setting aside of the election of the returned candidate and also for a further declaration under Sec. 101 of the Act to the effect that the petitioner be declared as returned candidate in place of respondent No. 1.

(3.) The announcement and publication of the election of 38 Saraiya Assembly Constituency was made by the Sub-Divisional Officer, Marharwah, by notifying the dates as follows:--