RAM PRAKASH MAHTO Vs. TAR KISHOR PRASAD

JUDGEMENT

(1.) THIS election petition has been filed by Dr. Ram Prakash Mahto under the provisions of Sections 80 and 80-A of the representation of the People Act, 1951 (hereinafter referred to as 'the Act' for the sake of brevity) challenging the election of the sole respondent Tar Kishore Prasad who has been declared elected for 14th Bihar legislative Assembly from 142, Katihar assembly Constituency for which election was held on 26-10-2005.

(2.) THE admitted facts of the matter are that a notification was issued on 28-9-2005 calling for the voters of 142 Katihar assembly Constituency to elect their representative of 14th Bihar Legislative Assembly fixing 5-10-2005 as the last date for filing nomination within which period altogether 10 candidates, including the sole petitioner and the sole respondent, filed their nomination papers, out of which the petitioner was an official candidate of Rashtriya Janta Dal political party, whereas the sole respondent filed his nomination as an official candidate of Bhartiya Janta Party political party and after scrutiny on 6-10-2005, the nomination papers were found valid and were accepted and a list of validly nominated candidates was published by the Returning officer, namely Sub-Divisional Officer, Katihar, whereafter election was held in various booths of the said constituency on 26-10-2005 and the votes were counted on 22-11-2005 and finally on the same date result was declared holding the sole respondent as the successful candidate.

(3.) THE aforesaid election is under challenge in the instant election petition on various grounds. In reply to the claim of the election petitioner, the sole respondent filed his written statement on 5-9-2006. After completion of the pleadings following issues were framed by this Court on 10-10-2006:-