An election petition must be presented in accordance with the rules prescribed by the Election Commission, and failure to comply with the rules may result in the petition being dismissed.

Jamuar, J.

1. This application is directed against an order dated the 28th August, 1950, passed by the Additional Election Commissioner, Darbhanga, declaring the election of Babu Chandrasekhar Prasad Sinha to the District Board of Darbhanga void.

2. In May-June 1919, there was held an election from the Mohaddinagar Thana Constituency to the District Board of Darbhanga. Indraded Prasad Mahton, Chandrasekhar Prasad Sinha and Ram Ahrad Thakur were candidates from that constituency. Indradeo Prasad Mahto was a Congress nominee, whereas the other two were independent candidates. The polling began on the 30th May, 1949, and ended on the 2nd June 1949. The results were announced on the 7th June, 1949 when the Returning Officer declared Chandrasekhar Prasad Sinha as having been duly ejected, he having obtained the largest number of votes. The result was published in the Bihar Gazette dated the 20th July, 1949.

3. Subsequent to that Indradeo Prasad Mahton filed an election petition for a declaration that the election of Chandrasekhar Prasad Sinha was void on the ground that he, his agents, friends, relations, sympathisers and supporters at his instance and instigation and with his consent or connivance had created a reign of terror by committing murders and by indiscriminately assaulting voters and passers-by, so as to create an atmosphere of general intimidation, and had prevented the voters from exercising their legitimate rights of franchise. It was asserted that in these circumstances, not only were the results at the poll affected but that the entire election was vitiated, and should be declared void.

4. Chandrasekhar Prasad Sinha only contested the petition on denying all the allegations made therein. He also took the plea that the petition, which was filed, was not maintainable and was time-barred.

5. I have already said that the learned Additional Election Commissioner, who heard the petition, allowed it and gave the declaration sought in the petition, and it is against that decision that the present application has been filed.

6. Certain rules have been framed called the Bihar District Board Election Petition Rules, 1939-in exercise of the powers conferred upon the Governor of Bihar by Sec.138(a) of the Bihar and Orissa Local Self-Government Act 1385. These rules have been published in the Bihar Gazette dated July, 12, 1939, in Notification No. 3481-L. S. G. dated the 8th July, 1939.

7. Mr. Harinandan Singh, who appeared for the petitioner, firstly contended that the election petition filed in the case was not maintainable under these rules, and should have been summarily dismissed. In order to deal with this point it is necessary to examine some of the rules;

"3. No election shall be called in question except by an election petition presented in accordance with these rules.

7(1)An ejection petition against a returned candidate shall be presented to the Election Commissioner within 14 clays from the date of the publication in the Bihar Gazette of the name of such candidate under Section 9 of the Act. 7.

(1) An election petition shall contain a statement in concise form of the material facts on which the petitioner relies and shall, where necessary be divided into paragraphs numbered consecutively. It shall be signed by the petitioner and verified in the manner prescribed for the verification of pleadings in the Code of Civil Procedure, 1908.

(2)(a) The petition shall be accompanied by a list, signed and verified in like manner, setting forth full particulars of any corrupt practice which the petitioner alleges, including as full a statement as possible as to the names of the parties alleged to have committed any corrupt practice and the date and place of the commission of each such practice.

(b) The junction Commissioner may, upon such terms as to costs and otherwise as he may direct, at any time allow the particulars included in the said list to be amended, or order such further and better particulars in regard to any