LAWS(PAT)-2004-9-48

RAJ KUMAR Vs. BIHAR STATE ELECTION COMMISSION

Decided On September 01, 2004
RAJ KUMAR Appellant
V/S
BIHAR STATE ELECTION COMMISSION Respondents

JUDGEMENT

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

(2.) THE petitioner is a returned candidate. He being aggrieved by the order dated 10.6.2003 passed in Election Case No. 7 of 2001 by the learned Munsif, Hilsa, has come to this Court. The facts leading to this writ application are that in the election of Panchayat, the election petitioner and a number of others were the contesting candidates. The original petitioner, Anil Kumar filed an election petition against the returned candidate Raj Kumar and others making serious allegations that the votes cast in favour of the Election petitioner Anil Kumar son of Baleshwar Prasad were wrongly counted in favour of one Anil Kumar son of Baiju Mahto. It appears the said Anil Kumar son of Baiju Mahto has not been joined as party respondent in this writ application.

(3.) BY order dated 10.6.2003, the learned Court below has observed that the allegations in the election petition were that 33 votes which were cast in favour of the election petitioner were illegally counted in favour of Anil Kumar (Mahto) son of Baiju Mahto. The Court below has relied upon the written statement of said Anil Mahto to record a finding that the said Anil Mahto admitted in his written statement that all the votes counted in his favour of Booth no. 154 Ward No. 10 were not cast in his favour. On the basis of that, the learned Court below has observed that the said 33 votes be recounted. Thereafter, the Court below recorded the concession of both the parties that two senior advocates, namely, Shri Dwarika Prasad and Shri Narayan Sharma be requested to examine the said votes/ballots.