JUDGMENT :

1. The instant election petition has been filed on behalf of Pradeep Kumar Sonthalia (election petitioner) in terms of provisions of Sections 80 & 81 read with Sections 100 and 101 of the Representation of People Act, 1951 challenging the election of Dhiraj Prasad Sahu @ Diraj Sahu (respondent no. 1) pursuant to the notification issued by the Election Commission of India to hold Biennial Election to the Council of States-2018 for 16 States, as the term of office of 58 Members of the Rajya Sabha was due to expire on their retirement in April – May, 2018.

2. In the State of Jharkhand, two Members of Rajya Sabha were due to retire on 03.05.2018.

3. Accordingly, Election Commission of India by a press note as contained in letter No. ECI/PN/17/2018 dated 23.02.2018 issued under the signature of Shri Pawan Dewan, Under Secretary, Election Commission of India, declared the programme for election, which is as under: -

4. Shri Binay Kumar Singh, Secretary of the Jharkhand Legislative Assembly was appointed as Returning Officer for the Biennial Election to the Council of States, 2018 by the Election Commission of India.

5. The petitioner filed his nomination as a Candidate set up by Bhartiya Janta Party for being elected as a Member of Rajya Sabha. Along with the petitioner, two other candidates namely, Shri Samir Uraon (set up by Bhartiya Janta Party) and Shri Dhiraj Prasad Sahu (set up by Indian National Congress) also filed their nominations.

6. The nomination papers were scrutinized by the Returning Officer on 13.03.2018 and the papers of all the three candidates were found to be in order.

7. None of the three candidates mentioned above, including the petitioner, withdrew their candidatures before the last date of withdrawal of candidatures i.e. 15.03.2018.

8. On 16.03.2018, the Returning Officer by letter no. Nirwachan 02/18-892/B.Sa dated 16.03.2018 requested all the three candidates to nominate 01 Election Agent, 01 Polling Agent and 03 Counting Agents in the forms enclosed with the said letter. Accordingly, the petitioner nominated his Election Agent, Polling Agent and Counting Agents.

9. As stated above, the Election Commission of India had declared 23.03.2018 as the date of polling, and accordingly, the returning officer by letter no. Nirwachan 02/18-942/B.Sa dated 21.03.2018, informed all the three candidates about the election programme, which is as follows: -

(i) Place of Polling : Tribunal Room of the Vidhan Sabha Secretariat.

(ii) Date of Polling : 23.03.2018.

(iii) Time of Polling : 09:00 A.M. to 04:00 P.M.

The candidates were also requested to be present at the place of polling 15 minutes prior to the commencement of polling.

10. On 23.03.2018, 80 Members of Legislative Assembly of the State of Jharkhand cast their votes from 09:00 A.M. to 04:00 P.M.

11. One Shri Amit Kumar Mahto @ Amit Kumar, son of Late Santosh Kumar Mahto (hereinafter referred to as Shri Amit Kumar Mahto), who was elected as the Member of the Legislative Assembly (Jharkhand Mukti Morcha) from Silli Constituency bearing Sl. No.61, cast his vote in the first hour i.e. around 09:15 A.M. The petitioner believes that since Shri Amit Kumar Mahto is a representative of Jharkhand Mukti Morcha and his party was supporting Shri Dhiraj Prasad Sahu, Shri Amit Kumar Ma