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2019 Supreme(Jhk) 1293
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANT BIJAY SINGH, J.
Birendra Mandal – Appellant
Versus
Irfan Ansari - Respondent
Election Petition No. 04 of 2015
Decided on : 18-12-2019
Advocate Appeared:
For the Appellant :Mr. V.P. Singh, Mr. K.K. Mishra, Mr. Mukesh Kr. Dubey, Advocate.
For the Respondent:Mrs. J. Mazumdar, Mr. Rahul Kamlesh, Advocate.
Headnote:
Constitution of India,1950 - Article 19(1)(a) - Representation of People Act - Sections 125A(i), 100. (1)(d)(iv) and 9-A - Legislative Assembly - Nomination papers to contest - Jamtara Assembly Constituency - Notification issued by Election Commission of India for holding General Assembly Election for the constitution of Jharkhand State Legislative Assembly, for holding election in Assembly Constituency different dates were also notified as given below - Last date for filing of nomination - Scrutiny of nomination - Last date for withdrawal of nomination paper - Date of Election - Date of counting of votes - Date of declaration of election result - until last date for filing of nomination, altogether 17 candidates filed their nomination papers to contest said election - Details of such candidates with their party affiliation - Scrutiny of nomination papers, the Returning Officer had rejected the nomination papers – Held, Evidences oral and documentary, adduced on behalf of parties and after going through the judgments referred by the parties – Court find in view of the deposition of P.W.-2 read with evidence of P.W.-1 and evidence of P.W.- it cannot be said that the Returning Officer had improperly rejected nomination papers and had improperly accepted the nomination paper - Learned counsel for the election petitioner has not pressed and has not advanced any argument on these issues to prove case and so no finding is being recorded on issues - Petition is dismissed
JUDGMENT :
1. The instant election petition has been filed on behalf of Birendra Mandal (election petitioner) in terms of provisions of Section 80 (A)(2) and Section 81 of the Representation of People Act, 1951 challenging the election of the sole respondent Irfan Ansari, who has been declared elected from 09, Jamtara Assembly Constituency as a member of the Jharkhand Legislative Assembly for which the election was held on 20.12.2014 and result was declared on 23.12.2014.
2. Election petition was filed on 29.01.2015 and on 01.05.2015, the election petition was admitted for hearing and notices were issued to sole respondent and requisites were directed to be filed under registered cover and rule was made returnable on 26.06.2015.
3. On 18.12.2015, sole respondent appeared through his counsel and time was given to file written statement.
4. The case of the election petitioner in his plaint is as follows:-
(i) That in view of the notification issued by the Election Commission of India for holding General Assembly Election for the constitution of Jharkhand State Legislative Assembly, for holding election in 09, Jamtara Assembly Constituency different dates were also notified as given below.
(ii) That according to the notification issued by the Returning Officer, following was the detailed program for holding the election:
I. Last date for filing of nomination 03-12-2014
II. Date of Scrutiny of nomination papers 04-12-2014
III. Last date for withdrawal of nomination paper 06-12-2014
IV. Date of Election 20-12-2014
V. Date of counting of votes 23-12-2014
VI. Date of declaration of election result 23-12-2014
(iii) That until the last date for filing of nomination, altogether 17 (Seventeen) candidates filed their nomination papers to contest the said election. The details of such candidates with their party affiliation is being given hereunder:-
I. Birendra Mandal (Petitioner herein) – Bhartiya Janata Party,
II. Irfan Ansari (Sole Respondent) – Indian National Congress.
III. Bishnu Prasad Bhaiya – Jharkhand Mukti Morcha.
IV. Md. Nazrul Alam – Independent
V. Sukhdeo Rai – Bahujan Samaj Party
VI. Anand Lal Marandi – Independent
VII. Kamal Yadav – Independent.
VIII. Nand Gopal Singh – Trinmool Congress
IX. Man Bharan Pandit – Forward Block.
X. Md. Rizaul Haque – Independent.
XI. Munna Mistry – Independent.
XII. Md. Mushtaq – Independent.
XIII. Rakesh Kumar Lal – Independent.
XIV. Govindo Sen – CPI (ML)
XV. Paresh Marandi – Independent.
XVI. Dhaneshwar Mandal.
XVII. Madhusudan Tapadar.
(iv) That at the time of scrutiny of nomination papers, the Returning Officer had rejected the nomination papers of Shri Govindo Sen and Paresh Marandi, whereas the nomination papers of other candidates were accepted by the Returning Officer.
(v) That since two independent candidates namely Dhaneshwar Mandal and Madhusudan Tapadar had withdrawn their candidature until the last date for withdrawal of nomination, therefore only 13 (thirteen) candidates did contest the election for which after the last date for candidates did contest the election for which after the last date for withdrawal of candidature, the Returning Officer had published the list of contesting candidates.
(vi) That the election was held on 20-12-2014, counting of votes was done on 23-12-2014 and on the same day, result of election was declared.
(vii) That according to the result sheet prepared by the Returning Officer, the Respondent has secured 67,335 votes whereas the Election Petitioner was stated to have secured 58,074 votes and therefore the Returning Officer had declared the sole Respondent as the Returned Candidate from 09, Jamtara Assembly Constituency.
(viii) That the election of the sole Respondent is void on the ground that his nomination paper was improperly accepted by the Returning Officer whereas the nomination paper of Shri Govindo Sen, a candidate set up by the CPI(ML) Liberation was improperly rejected by the Returning Officer.
(ix) That the election of the sole Respondent is further fit to be declared void
