( 1 ) IN the instant Election Petition the petitioner has challenged the validity of the election of Dr. Makhan Lal Bangal, respondent No. 1 who was declared elected from 216, Sabang Legislative Assembly Constituency in the District of Midnapore, Sub-Division Kharagpur, and has inter alia prayed for a declaration that the election of Dr. Makhanlal Bangal is void and for a further declaration that the petitioner Dr. Manas Bhunia have been duly elected.

( 2 ) THE margin of win by Dr. Bangal in this election is 825 votes only. The total number of voters in this constituency was 1,26,719 and out of that 1,22,293 voters including the postal ballot voters have cast their vote in the said constituency. It has been pointed out by Mr. Lala, learned Advocate for the petitioner that the percentage of voting in the said Assembly Constituency comes to 96. 51 percent and only 3. 49 percent voters have not cast their votes. It has also been submitted by Mr. Lala that the huge percentage of voting is a record, particularly in a remote village of West Bengal and as such should be viewed with suspicion.

( 3 ) DR. Makhanlal Bangal is the Left Front candidate nominated by Biplabi Bangla Congress, a constituent of the Left Front for the last 20 years, who received 60,453 votes including postal ballots. Dr. Bhunia was a candidate sponsored and nominated by the Indian National Congress. He has received 59,628 votes including postal ballots in the said election. The third candidate Mr. Nagendra Nath Jana of B. J. P. received only 594 votes including postal ballots.

( 4 ) THE fourth candidate was Mr. Bhusan Mondal nominated by SUCI and filed his nomination paper as an independent candidate who received 453 votes including postal ballots. As SUCI is not a recognised party by the Election Commission of India, Mr. Bhusan Mondal described himself as independent candidate. In the same manner, Dr. Bangal had described himself as independent candidate in the nomination paper although sponsored by Left Front because Biplabi Bangla Congress is also a very small party not recognised by the Election Commission under the Election Symbols (Reservations and Allotments) Order 1968.

( 5 ) AFTER the election petition was filed within the prescribed date of limitation under the Representation of People's Act, 1951 (hereinafter referred to as the said Act) although service was effected by the Registrar, Original Side, of this Court to each of the parties i. e. the contesting candidates, only the alleged returned candidate Dr. Bangal filed his written statement. No other party either entered appearance or filed any written statement.

( 6 ) ON October 8, 1996 after considering the issues suggested on behalf of the petitioner and the respondent No. 1, an order was passed by me whereby the following issues were settled : (1) Is the election petition maintainable in the present form ? (2) Is the respondent No. 1, his election agent and/or his election agents is/are guilty of corrupt practices as alleged in pargraph 11 and sub-paragraphs thereunder of the election petition ? (3) Is the respondent No. 1, his election agents, the Returning Officer, Assistant Returning Officers, counting supervisors, counting Assistants acting as agent of the respondent No. 1 resorted to corrupt practices as alleged in paragraph 27 and sub-paragraphs thereunder of the said election petition ? (4) Is the election petitioner entitled to a declaration that the election of the respondent No. 1 from the said 216, Sabang Legislative Assembly Constituency void ? (5) Was the Returning Officer of the said Assembly Constituency biased in favour of the respondent No. 1 ? (6) Is the election petitioner entitled to a declaration that the petitioner has been duly elected to the said constituency having received majority of valid votes ? (7) Is the election petitioner entitled to recounting of votes under the supervision of this Court as prayed for in the petition ? (8) What relief, if may,