BAMSHANKAR CHAUDHARY Vs. BHUDEO CHAUDHARY

JUDGEMENT

(1.) The present election petition is filed under Sec. 80, 80A and 81 read with sec. 100 of the Representation of People Act, 1951 at the instance of one Bamshankar Chaudhary, who asserts himself to be a bona fide voter from 160 Dhauraiya (SC), Bihar Legislative Assembly Constituency in the District of Banka. The petitioner has prayed for declaring the election of the respondent no.01, Bhudeo Chaudhary (Returned Candidate), to the Bihar Legislative Assembly, as null and void on account of suppression of criminal antecedents, which according to the election petitioner, violated the fundamental right to know the full particulars of a contesting candidate and materially obstructed the complete exposure to the public scrutiny by the electors of the said 160 Dhauraiya (SC), Bihar Legislative Assembly Constituency.

(2.) The Election Commission of India vide notification under sec. 30 of the Representation of People Act, 1951 (for short "the R.P. Act, 1951") announced the programme for holding the elections to the Bihar Legislative Assembly. The schedule of the Bihar Legislative Assembly Elections and important dates for the present purpose, as culled out from the records, were as follows :- <IMG>JUDGEMENT_9_LAWS(PAT)2_2025_1.jpg</IMG>

(3.) In the aforesaid election from 160 Dhoriaya, Bihar Assembly Constituency, altogether 11 candidates were found validly nominated to contest the said election. The respondent no.01 contested on the ticket from the Rastriya Janta Dal (RJD) and secured 78,646 votes and was declared to have been duly elected as the Member of the Bihar Legislative Assembly from the aforesaid Constituency.