ASHA DEVI Vs. SAROJ YADAV @ SAROJ KUMAR

JUDGEMENT

(1.) The election petition filed under Section 80A and 81 of the Representation of People Act, 1951 (hereinafter referred to as "the R.P. Act") questions the election of the sole respondent as Member, Bihar Legislative Assembly from 193, Barhara Assembly Constituency in the district of Bhojpur in the election held on 28.10.2015.

(2.) The pleadings on record shows that as per the notification issued by the Returning Officer-cum-Additional Collector, Bhojpur at Ara, the programme for election was notified as follows: <FRM>JUDGEMENT_545_LAWS(PAT)6_2018_1.html</FRM>

(3.) The election petitioner, the sole respondent and several others filed their nomination before the Returning Officer. The nomination filed by all 12 candidates was found valid by the Returning Officer and a list of the contesting candidates was published on 12.10.2015. The name of these candidates finds mention at paragraph 7 of the election petition. While the election petitioner contested the election on a ticket of the Bhartiya Janta Party (hereinafter referred to as the "BJP"), the respondent contested the election as a candidate of the Rashtriya Janta Dal ( hereinafter referred to as the "RJD"). The election was held on 28.10.2015, the counting of votes was carried out on 08.11.2015 and the respondent was declared elected by the Returning Officer having secured 65001 valid votes as against 51693 valid votes secured by the election petitioner. The sole respondent was thus declared elected by a margin of 13,308 votes. It is feeling aggrieved by the election of the sole respondent that the present election petition has been filed.