PREM PRAKASH, SON OF AJAY KUMAR SINGH, RESIDENT OF MOHALLA HATIA, P.S. SHERGHATI, DISTRICT GAYA. Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, STATE ELECTION COMMISSION, BIHAR.

JUDGEMENT

(1.) Heard learned counsel for the petitioner; State and State Election Commission.

(2.) In terms of the earlier order, the exercise as directed has been completed by the authority and a counter affidavit has been filed on behalf of respondents no. 2 and 3.

(3.) The main contention of the petitioner was that the lottery was resorted to without there being any occasion for the same as one vote counted in favour of the respondent no. 5 was not proper as after a cross being marked against his name, it was also encircled. This persuaded the Court to direct for re-verification with regard to the ballots on which, after marking a cross, there was any other mark. This was in the background of the contention that, as per the statutory requirement, any extra marking is impermissible and the said ballot has to be rejected. The contention of learned counsel for the petitioner was that if the said crossed and encircled ballot is rejected, automatically, the petitioner would be the winner and there would be no occasion to go for any lottery. The exercise, as directed by the Court reveals that 20 valid votes had been cast and out of that, both the petitioner and the respondent no. 5 got 10 each and further that one of those votes of the petitioner as well as the respondent no. 5 had a cross mark which was encircled/enclosed by a rectangle. Thus, it is clear that even if the said two votes/ballots are held to be invalid and are required to be rejected, the same would result in both the petitioner and the respondent no. 5 getting nine votes each. This also will result in a tie and as per the statutory provision, lottery has to be resorted to, which has been done.