JILDAR RAM Vs. GOURI SHANKAR PANDEY

JUDGEMENT

(1.) The appellant is the returned candidate whose election to the Bihar Legislative Assembly from Majhaulia (Scheduled Castes) Assembly constituency has been set aside by the Election Tribunal, Chapra, upon the petition of one of the voters, Sri Gaurishanker Pandey (respondent No. 1). Nomination papers for the election were filed by three candidates, namely, Sri Jildar Ram (the appellant), Sri Jagannath Prasad Swatantra (respondent No. 2) and one Sri Sheo Prasad Harijan, who, however, withdrew his candidature. The poll took place on the 25th February 1962 and the counting was done on the 28th February 1962. As a result of the counting, the Returning Officer announced that the appellant had secured 13.146 votes while his opponent (respondent No. 2) had secured 18,036 votes. 835 other votes were rejected as invalid. The Returning Officer accordingly declared the appellant as duly elected.

(2.) The election of the appellant was challenged by means of an election petition filed by Sri Gourishankar Pandey (respondent No. 1) on a variety of grounds, such as:

(3.) In this appeal we are mainly concerned with the fourth of the above grounds and, therefore, it will be convenient to set out the relevant averments contained in paragraphs 9 to 11 and 18 of the election petition, which are in the following terms: