DIWAKAR MINZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant interlocutory application has been filed on behalf of the Petitioner requesting therein for amendment in the original election petition.

(2.) Petitioner contended that the statement was made in paragraph-4 of the original election petition to the effect that the polling for the 66 Mandar Assembly Constituency (ST) was conducted on 15.2.2005 and complain of booth capturing and other irregularities were alleged against the Respondent No. 5 Banwa Tirkey @ Bandhu Tirkey who by coming on Bolero Jeep bearing registration No. JH 01 F 3232 along with his criminal associates namely. Sarfarai Imam, Niraj Singh and Ranjan Sahu and taking the help of his bodyguard prevented the voters of that constituency from casting their votes and amongst the voters who could not cast their votes were Anuj Singh, Anthoni Lakra, Firan Sahu and other villagers.

(3.) Petitioner further contended that the Railway Police apprehended Banwa Tirkey @ Bandhu Tirkey with his Bolero Jeep and seized the said vehicle which was carrying four swords, three hockey sticks, one fighting punch, one model of Electric Voting Machine (EVM), flag of 35 pairs showing symbol of twin leaves (Jora Patta), thirty banners and one identity card of the candidate. Respondent No. 5 Banwa Tirkey @ Bandhu Tirkey was arrested at the polling booth No. 137 Malar and seizure list was prepared of the seized articles, to which FIR was also lodged by the Magistrate on deputation vide Itki PS Case No. 11/05 against him.