Improper reception or rejection of votes can result in invalidating an election only if such improper reception or improper rejection materially affects the result of the election.

KALYAN JYOTI SENGUPTA, J.

( 1 ) THIS election petition has been brought before this Court for the following reliefs :- (A) That the declaration of the result of 152, Ballygunge Assembly constituency made by the respondent No. 1 on 11/05/1996 declaring the respondent No. 7 as the elected candidate is void, invalid and inoperative and the same should be set aside and/or quashed. (b) That there be a recounting of votes for the last election of 152, Ballygunge Assembly Constitutency held on 7/05/1996 under the supervision officer appointed by this Hon'ble Court, declaration should be made after such recounting that the petitioner has been duly elected in the said election for the said Assembly constituency and not the respondent No. 7. (c) Ad-interim order directing the respondent No. 1 to produce used and unused ballot papers including cancelled ballot papers, tender ballot papers and postal ballot papers of 152, Ballygunge Assembly Constituency for the election held on 7/05/1996 before this Hon'ble Court and to Keep the same to the Registrar, Original side of this Hon'ble Court and the same may not be destroyed or tampered with or manipulated.

( 2 ) IN the body of the petition as ground for seeking of the aforesaid reliefs the petitioner alleged corrupt practices resorted to by the original respondent No. 7 (now respondent No. 1) at the time of or immediately before the poll and the allegations of improper reception, refusal or rejection of votes at the time of counting.

( 3 ) IT is alleged that the officers and persons those who were engaged in counting were under the control of original respondent No. 7 CPI (M) nominee and they were the supporters of the Co-ordination Committee of the employees of the Government of West Bengal who are having allegiance to the ruling C. P. I. (M) party. In fact, at the time or before poll the allegation against the original respondent No. 7 by the petitioner is absolutely vague and devoid of any particulars for which any notice should not be taken by this Court.

( 4 ) FROM the tenor of the petition it seems to me that the petitioner has placed much stress upon alleged corrupt practices at the time of counting. therefore, this allegation is required to be stated in gist as follows :-ON the 10/05/1996 counting of ballots was started at 8. 00 hours, at the time of counting several irregularities were detected by the election agent of the petitioner and was brought to the notice of the Returning Officer by written complaint on 10/05/1996. But the Returning Officer as well as the Assistant Returning Officer of 152 Ballygunge Assembly Constitutency failed and neglected to take note of the said objection. At the time of counting making bundle and mixing of bundles of ballot papers were not done in accordance with Conduct of Election Rules 1961. While making bundle of 50 ballot papers, at the instance of original respondent No. 7 and his agent 45 ballot papers were taken in case of the respondent No. 7, whereas in case of the petitioner 55 ballot papers were taken to make a bundle of 50 ballot papers as a result thereof the number of ballot papers were reduced in case of petitioner by this subterfuge and in case of original respondent No. 7 number of ballot papers were artificially increased.

( 5 ) AT the instance of the original respondent No. 7 who went to counting both and dictated over Mobile Phone to the Returning Officer and Assistant Returning Officer and counting personnel to manipulate ballot papers which were in favour of the petitioner, to make the same to be the vote polled in favour of Sri Robin Deb. The Assistant Returning Officer Barun Das acted for Sri Robin Deb, because apparently he had political links and connection with Sri robin Deb, the returned candidate. The postal ballot papers though counted first, but no declaration was made by the Returning Officer or the Assistant Returning Officer as to how many postal ballot papers were issued in respect of that particular Constituenc

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