AFZAL KHAN Vs. ELECTION TRIBUNAL, COMILLA

JUDGEMENT

(1.) This appeal by special leave arises out of the Judgment and Order passed by a Division Bench of the High Court Division in Writ Petition No. 847 of 1978.

(2.) Respondent 2, Abdul Jalil filed the above writ petition stating that he and the appellant, Afzal Khan along with to others were the contesting candidates in the election of Chairman of Comilla Pourashava held on 13.8. 1977. The election was held peacefully in 32 polling centres and the Respondent 2, Abdul Jalil was declared elected by the Returning Officer defeating his nearest rival Afzal Khan by a merging of 61 votes.

(3.) The defeated candidate Afzal Khan filed election petition making number of allegations of corrupt and illegal practices in holding the election including improper and perfunctory counting of votes. His grievance was that at the 18 polling station mentioned in the petition the counting of votes was done 'most hurriedly improperly and perfunctorily" and in some polling stations he alleged that "known supporters of Respondent No. 2 were allowed to handle the ballot papers and due to this, many valid votes of the appellant were illegally invalidated and good number of votes were counted- in favour of Respondent 2." Abdul Jalil in the writ petition denied the material objections and stated that at the time of counting of all votes, no objection was taken by anybody regarding the counting of votes.