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SUPREME COURT OF INDIA

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PETITIONER:

SHYAMDEO PD. SINGH

Vs.

RESPONDENT:

NAWAL KISHORE YADAV

DATE OF JUDGMENT: 28/08/2000

BENCH:

CJI , R.C. Lahoti & K.G. Balakrishnan

JUDGMENT:

R.C. Lahoti, J.

L...I...T.......T.......T.......T.......T.......T.......T..J

Pursuant to a Notification issued by the Governor of

Bihar under Section 16 of the Representation of the People

Act, 1951 (hereinafter the 1951 Act, for short), biennial

elections to the Bihar Legislative Council from the Patna

Teachers Constituency were held in April, 1996. There were

four candidates in the fray including Nawal Kishore Yadav,

the respondent, who defeated his nearest rival candidate Dr.

P.N. Sharma by a margin of 870 votes. Polling was held on

28.4.1996 whereat the respondent secured 3414 votes as

against 2544 votes secured by Dr. P.N. Sharma. The

respondent was declared elected.

On 24.4.1996 the appellant, an elector duly enrolled in

the electoral list of the constituency filed an election

petition under Section 80 of the 1951 Act calling in

question the election of the respondent. The only ground

alleged