Judgment

Dr. A.S. Anand, CJI.-The appellant was a candidate sponsored by the Indian National Congress in the elections to the Bihar Legislative Assembly from 218, Brahampur Assembly Constituency held in 1995. The respondent, a candidate sponsored by the Janta Dal was declared elected, defeating the appellant by a margin of 26,490 votes. The result of the election was declared on 1st April, 1995. The election of the returned candidate was challenged through an Election Petition filed by the appellant in the Patna High Court. That Election Petition was dismissed on 19th November, 1998. Hence, this appeal.

2. The challenge to the election of the respondent in the Election Petition was based on the sole ground of improper reception of void votes in favour of the returned candidate and not counting of valid votes polled in favour of the appellant. In paragraph 13 of the Elec­tion Petition, the appellant stated thus :

“13. That in counting of the ballot papers, 20,000 valid ballot papers of the petitioner were not counted and on the other hand 20000 spuri­ous ballot papers bearing vote in favour of the sole respondent, the nominee of Jantadal were illegally counted in his favour.”

Again in