BIJAY KUMAR SINGH Vs. SUMIT KUMAR SINGH

JUDGEMENT

(1.) By this Election Petition, the election petitioner Sri Bijay Kumar Singh has challenged the election of Sri Sumit Kumar Singh, the sole-respondent who has been declared elected as a member of 15th Bihar Legislative Assembly from 243, Chakai General Assembly Constituency in the district of Jamui for which elections were held on 01.11.2010.

(2.) At elections, after scrutiny, 12 candidates were found validly nominated to contest the elections which list was published by the Returning Officer on 18.10.2010. The elections were held on 01.11.2010 at 286 Booths. On 24.11.2010, counting was done and result declared. The election petitioner who was the official candidate of Lok Jan Shakti Party secured 21,618 votes and came second. The sole contesting respondent Sri Sumit Kumar Singh who was the official candidate of Jharkhand Mukti Morcha secured 21,806 votes, and was accordingly declared the winner by a margin of only 188 votes. The third was Sri Falguni Prasad Yadav the official candidate of Bhartiya Janta Party who secured 20,259 votes, the difference being 1,547 votes from the winning candidate. The rest of candidates including the Congress candidate could not cross four figures total.

(3.) As would be seen from the above, the winning margin was a narrow 188 votes giving cause to the election petitioner to raise all pleas that could be available to impeach the elections, but fortunately, there has been no allegation leveled with regard to any corrupt practices. At the very outset, it may be noticed that as the returned candidate i.e. the sole-respondent Sri Sumit Kumar Singh happened to be the son of a sitting minister of the coalition government of Janta Dal United and Bhartiya Janta Party, a feeble suggestion was made by the election petitioner that the official involved in the elections were more favourably disposed to the returned candidate. Rightly this was not pursued by the election petitioner seriously in any respect.