JANTA DAL Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Counsel for the parties.

(2.) IN this writ petition, the petitioner Janta Dal (United) through its General Secretary Lalan Kumar Singh & Rajiv Ranjan Singh has prayed for a direction commanding the Election Commission of India, respondent No.2 to cancel the poll held in 21, Madhepura Parliamentary constituency on 3rd October, 1999 and to hold a fresh poll under its direct control and supervision with adequate deployment of Central para military force on all booths so that the election is free, fair and impartial.

(3.) IN sum and substance, the grievance of the petitioner is that there has been large scale capturing of booths on 3rd October, 1999 when the constituency went to polls. This was on account of the fact that sufficient number of static force was not deputed at the various polling booths despite the assurance of the Election Commission. This gave opportunity to anti social elements to indulge in capturing of booths. Large scale stamping of ballot papers took place and at many places bona fide voters were chased away. The para military force which were deputed to guard polling booths did not actually reach the polling booths because vehicles were not provided to them, and for other reasons. It is also alleged that the local officials supported a particular candidate affirmatively in capturing booths, and negatively by not listening to the complaints made by the members of the public as well as concerned candidate. Counsel for the petitioner submits that representations were made to the Election Commission of India bringing to its notice large scale violence and mal practices committed on the day of the poll. It is also submitted that even some of the reports submitted by the officers involved in the conduct of the poll would establish the allegations made by the petitioner, and those reports are available with the Election Commission of India.