SUMATI ORAON Vs. LALIT ORAON

JUDGEMENT

(1.) This election petition under Sections 80-A and 81 of the Representation of People Act, 1951 (hereinafter to be referred to as 'the Act') has been filed by the abovenamed petitioner against the respondent who has been declared elected as Member of Lok Sabha from 53 Lohardaga (ST) Parliamentary Constituency in the Chotanagpur Division, Bihar, on 17.6.1991.

(2.) The notification for election of the said Parliamentary Constituency was published in the month of March, 1991 and the poll date was fixed on 20.5.1991. The repelling of nine booths was made on 12.6.1991 and after counting of votes on 16.6.1991, the result of the election was published on 17.6.1991 declaring the respondent as elected candidates from the said Constituency.

(3.) The petitioner was a sitting Member of the Parliament and she was earlier elected as Member of the Parliament from the said Constituency after the death of her husband Late Kartik Oruon in the year 1982, 194 and 1989 as a Congress (I) candidate. The petitioner was allotted the official symbol of Congress (I), namely. "HAND" and the respondent was given the official symbol of "KAMAL PHOOL" of Bhartiya Janta Party (hereinafter referred to as 'B.J.P.')- The Parliamentary Constituency of Lohardaga (ST) consisted ofsix Assembly Constituencies, namely, Mandar, Sisai, Bishunpur, Lohardage, Manika and Gumla. The respondent was sometime earlier the member of the Legislative Assembly constituencies as mentioned above. The election of the respondent has been challenged in this petition on the. ground of corrupt practice, as according to the petitioner, beinj) an official candidate of B.J.P., the respondent canvassed the people on religion basis, used pamphlets and posters with religious calls and created sentiments amongst the Hindu voters having hatred towards the other communities.