SRI VASUDEO Vs. RAM KISHAN

JUDGEMENT

(1.) I have before me two appeals concerning the validity of an election to the municipal Council of Bikaner held on 25-10-70 from Ward No. 31.

(2.) THE counting of votes took place on 26-10-1970. In all 1441 votes were cast. Out of them 139 votes had been rejected by the Returning Officer; some were rejected because there were more than one seal impressions and others were rejected as there were other ink marks on them, or for the reason that the ballot papers had no seal marks altogether. Shri Vasudeo was found to have secured 524 valid votes, while Shri Ramkishan was found to have secured 493 valid votes. Accordingly. Shri Vasudeo was declared elected.

(3.) IN November. 1970 Shri Ramkishan filed an election petition challenging the election of Shri Vasudeo before the Dist. Judge of Bikaner who subsequently transferred it to the Senior Civil Judge at Bikaner. The two-fold prayer was made in the election petition. In the first instance, it was pray-ed that the election of shri Vasudeo be declared void and secondly that Shri Ramkishan the election petitioner be declared elected instead. The sole ground taken therein was that the counting had not been properly done and the Returning Officer had erroneously rejected 91 votes that were in favour of the election petitioner Shri Ramkishan. It was also, inter alia, prayed that the record of the ballot papers be summoned and the votes be re-scrutinised and counted. Shri Vasudeo, the returned candidate, resisted the election petition. He denied that any votes in favour of the election petitioner had been wrongly rejected. The returned candidate further opposed the prayer for re-scrutiny or re-count on the plea that the election petitioner had not made out any case for the re-scrutiny or re-counting of the votes.