LEANDER TIRU Vs. NIRMAL ENEM HORO

JUDGEMENT

(1.) In this Election Petition the election of Shri N. E. Horo, respondent No. 1, who was declared elected as a Member of Bihar Legislative Assembly, from 302Torpa (ST) Assembly Constituency in the district of Ranchi has been challenged, on various grounds.

(2.) A petition has been filed under Order XI, Rule 15 of the Code of Civil Procedure, read with Rule 93(1) of the Conduct of Election Rules, 1961, for inspection of the counted ballot papers in favour of the respondents.

(3.) The case of the petitioner is that after the counting of the votes of that Constituency was over, he was declared to have been elected, which was also published in the newspapers, namely, 'Prabhat Khabar" and 'Dainik Hindustan" which are widely circulated, but thereafter it appears that respondent No. 1 Shri N. E. Horo has been declared elected by a thin margin of 39 votes and the petitioner was said to have been defeated.