HARU RAJWAR Vs. GOUR HARIJAN

JUDGEMENT

(1.) THE election of the returned candidate of Gour Harijan (respondent No. 1) from 286 Chandankiary (S.C.) Assembly Constituency of the State of Bihar in the last Assembly election held in the month of March, 1995, has been challenged in this election petition under Sections 80, 80A and 81 of the Representation of the People Act (hereinafter referred to as 'the Act').

(2.) THE election process had been conducted in the following manner as has been stated in paragraph 3 of the election petition:

(3.) ACCORDING to the petitioner, he being a popular leader and a member of the Central Committee of J.M.M (Mardi) and was very much fighting for the cause of separate State for Jharkhand region, it was very much necessary for the election petitioner to be construed as an authorised candidate of J.M.M. (Mardi) and in not doing so and showing him as an independent candidate, the petitioner had not been able to propagate and make campaign as a candidate of J.M.M. (Mardi) and practically he was stopped also in doing so by the Returning Officer. This created great confusion in the minds of the people of the area in general and in the minds of supporters, workers and the active members of J.M.M. (Mardi) in particular and in that respect, the petitioner had lost at least ten thousand more votes when he was not shown as an official candidate of J.M.M. (Mardi).