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2000 Supreme(Pat) 117

B.P.SHARMA
Rama Nand Prasad Singh – Appellant
Versus
Vidya Sagar Nishad – Respondent


Judgment

1. This Election Petition has been presented and filed on behalf of Sri Rama Nand Prasad Singh against Sri Vidya Sagar Nishad, the candidate who was declared elected in the Bihar Legislative Assembly in the election held in 1995 from 181-Parbatta Assembly Constituency. The petitioner also happened to be a candidate in the said election and he was defeated and was in the 3rd position. The petition has been filed under Secs. 80, 80(A) and 81 of the Representation of the People Act, 1951 (hereinafter to be referred to as the R. P. Act) The petition has been filed praying for setting aside the election of the sole respondent in the aforesaid election on the ground that the nomination papers of two of the candidates were accepted, though the same were fit to be rejected. It is stated in the petition that the Returning Officer for the aforesaid election was the Sub-Divisional Officer of Gogari Sub-Division in the district of Khagaria and the election was held on the basis of a Notification issued by the Governor of Bihar for electing the members of the Legislative Assembly to constitute the 11th Assembly. According to the schedule of the Programme in the Notification, the dates w


























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