NARENDRASINGH BHATI Vs. RAMNARAIN BISHNOI

JUDGEMENT

(1.) In this case, respondent No. 1 Shri R. N. Bishnoi has filed an application that his Excellency the President of India has dissolved the Rajasthan Legislative Assembly vide Notification dated 15/12/1992 published in Rajasthan Gazette Extra-ordinary dated 15/12/1992 and, there-fore, this election petition should be dismissed as having become infructuous.

(2.) This election petition is based on the fact that certain irregularities have been committed in the counting. Certain votes which were cast in favour of the petitioner Shri Narendra Singh Bhati have been wrongly counted in favour of respondent No. 1 and certain votes which were cast in favour of the petitioner have been wrongly rejected and certain votes which were cast in favour of the petitioner were put in the rack of the respondent. Keeping in view all these irregularities in counting, the petitioner made a request for recount of the votes but that request was illegally rejected by the Returning Officer. The petitioner has, therefore, prayed that inspection, scrutiny and recount of all the ballot papers of Osian (189) Legislative Assembly Constituency of Rajasthan be allowed and the election of respondent No. 1 Shri R. N. Bishnoi as a returned candidate from the aforesaid Constituency be declared null and void and the same be set aside. He has further prayed that on the basis of inspection, scrutiny, and recount of the ballot papers, it be declared that the petitioner has received the majority of valid votes and it is he, who is a returned candidate for the Osian (189) Rajasthan Legislative Assembly Consti-tuency.

(3.) A return was filed on behalf of respon-dent No. 1. Thereafter, on the basis of the pleadings of the parties, the following issues were framed on 15-3-1991 :