SUDHKAR PANDEY Vs. AJIT CHOUDHARY

JUDGEMENT

(1.) THIS application under the provisions of Representation of People Act, 1951 has been filed to declare the election of sole respondent - Ajit Choudhary, member of Bihar Legislative Assembly from Bhrampur Assembly Constituency (2000) as void.

(2.) THE petitioner No. 1 - Sudhakar Pandey was one of the contesting candidates in the said election for member of Bihar Legislative Assembly from Bhrampur Constituency which was held in the month of October 2005. As per the programme schedule of election notified by the returning officer of the constituency, petitioner No. 1, respondent and others filed nomination papers before the Returning Officer, Buxar. After scrutiny on 1.10.2005, the Returning Officer accepted the nomination papers of all the candidates as valid. The Returning Officer after expiry of date of withdrawal allotted symbols to the candidates according to their respective party affiliation. Accordingly, as alleged, the petitioner No. 1 being authorized candidate of Samajwadi Janta Party (Rashtriya), was allotted symbol of tree (Baniyan). Ultimately, election was held on 18.10.2005. After completion of counting on 22.11.2005, the Returning Officer declared the sole respondent as elected by the margin of 6800 votes. Petitioner No. 1 secured only 568 valid polled votes.

(3.) THE further case of the petitioners is that when the above fact of misprinting was known to him on 18.10.2005, petitioner No. 1 without any loss of time on the same day sent an application through fax to District Election Officer, Buxar as well as Chief Election Officer Bihar, Patna and also Chief Election Commissioner of India. Under the aforesaid ground, according to the petitioners, the election of respondent is void and illegal and fit to be set aside.