RAM NARAIN PRASAD YADAV Vs. SUBNATH DEOGAM

JUDGEMENT

(1.) This is an appeal from the judgment of the Election Tribunal of Chhotanagpur dismissing the petition filed by the appellant for declaring the election of respondent No. 1 as a member of the Bihar Legislative Assembly, void and for further declaration that the petitioner, having secured the second largest votes had been duly elected. The petitioner along with five other persons, who are respondents here, were candidates for a seat in the Bihar Legislative Assembly from Manoharpur Constituency No. 244 in the district of Singhbhum in the last General Election held in 1957. The election results were published by the Returning Officer on the 18th March, 1957 declaring the respondent No. 1 duly elected.

(2.) The petitioner-appellant's case was that respondent No. 1 was an Adibasi belonging to the "Ho" community classified as a scheduled tribe. He had contested the election on behalf of the Jharkhand party, the aims and objects whereof were to secure a separate administrative unit for the Adibasis inhabiting the Chhotanagpur Division and the district of Santhal Pargana in the State of Bihar and some districts of Orissa and the neighbouring States. Respondent No. 1 and Jharkhand party to which he belonged adopted ''Cock" as election symbol, which was duly recognised by the Election Commission. The appellant alleged that this "Cock" was considered by Adibasis, namely, Ho, Mundas and Oraons, and the other communities of the scheduled tribes as a symbol representing their object of worship namely their presiding deities of villages and forests including the deities of prosperity, adversities and those controlling diseases. One of the recognised modes of the worship of these deities or some of them is that Cocks are sacrificed before those deities to get happiness and to get rid of miseries. A cock is kept tied for two days without any food and on the day of the sacrifice it is taken to the Puja Asthan where some rice is put and after prayers to the Bongas, namely, the deities, for getting happiness and to get rid of miseries, the cock is placed near the rice. If the cock pecks at the rice, the Adibasis consider their Bongas to be pleased. They thereafter sacrifice the cock. If the cock does not peck at the rice, they consider their deities to be displeased and prayers are offered until the cock pecky at the rice when it is sacrificed. The appellant asserted that for the Adibasis the cock has special appeal to their religious-sentiments and that respondent No. 1, in order to arouse hatred against the petitioner, who is non-Adibasi and in order to get the support of votes of the aforesaid constituency, the majority of whom belonged to the ''Ho" and other Adibasi communities, printed and got published leaflets in Devanagri script and circulated them widely through himself, his agents and supporters, who did it with his consent, knowledge or connivance.

(3.) The appellant filed copies of these leaflets as Annexures A and B to his election petition, the English translations of which are as follows: