MUNDRIKA SINGH YADAV Vs. SHIV BACHAN YADAV

JUDGEMENT

(1.) By this application under Sections 80, 80-A and 81 of the Representation of People Act, 1951 (hereinafter referred to as the Act) the election petitioner has called in question the election of a returned candidate named Shri Shiv Bachan Yadav (Respondent No. 1) from 243 Kurtha Assembly Constituency in the State of Bihar the election of which was held in the month of February, 2000.

(2.) The case of petitioner, in short, is that he was one of the contesting candidates in the election from 243 Kurtha Assembly Constituency in the State of Bihar the election of which was held in the month of February, 2000 (hereinafter referred to as the election in question). The then Additional District Magistrate, Jehanabad, namely, Shri G.L. Das was the Returning Officer in the election in question and he issued an election programme giving relevant dates for the election in question as follows: <FRM>JUDGEMENT_2108_BLJR3_2003Html1.htm</FRM>

(3.) The petitioner, respondents and few others filed their nomination papers before the Returning Officer and the Returning Officer after scrutinising the nomination papers of all candidates accepted the same for all candidates except three namely, Sardar Girijesh Singh, Umesh Kumar and Yogendra Pd. Singh whose nomination papers were rejected by the Returning Officer. After expiry of the period of withdrawal of candidate the Returning Officer prepared a list of contesting candidates. According to the petitioner, details of names of contesting candidates, their affiliation to political parties and symbols allotted to them were as follows: <FRM>JUDGEMENT_2108_BLJR3_2003Html2.htm</FRM>