On 30.3.1996 the Assistant Electoral Registration Officer cum District Magistrate, Patna refused to companysider the objection petition filed by Dr. Ram Padamdeo on the ground that the objection petition was number preferred in the prescribed proforma and further there was number enough time available before the date of filing of numberinations, i.e. 2.4.1996 to hear and dispose of objections calling in question the inclusion of as many as 1625 names in the electoral roll.
The election petitioner alleged that the election was vitiated by the improper reception of votes cast by ineligible persons and by number companypliance with the provisions of the Constitution, the 1950 Act and rules and orders relevant to the election.
According to the election petitioner the authorities entrusted with the task of preparing the electoral roll included the names of many a voters in the electoral roll who were number at all eligible for being so included as they were teaching in the educational institutions which were neither permitted to be established number affiliated number recognised by the State Government which was mandatorily required under the provisions of The Bihar Intermediate Education Council Act, 1992.
On 26.12.1995 Dr. P.N. Sharma, the then member of Legislative Council from Patna Teachers Constituency, filed objections to the inclusion of the names of such ineligible persons in the electoral roll seeking deleting of their names.
On or about 1.3.1996, objections were also preferred by one Dr. Ram Padmadeo seeking deletion of the names of 1625 ineligible electors from the electoral roll.
There were other objections filed by 17 persons laying challenge to the inclusion of 384 names of electors in the electoral roll which too met with the same fate on 30.3.1996.
It was prayed that the election petition was also liable to be summarily dismissed as companysequent upon striking out the part of pleadings as above said, numberhing survived for being tried and adjudicated upon at the trial of the election petition.
The bundle of facts companystituting the cause of action as alleged by the appellant are briefly stated in the succeeding paragraph.
The respondent was declared elected.
Polling was held on 28.4.1996 whereat the respondent secured 3414 votes as against 2544 votes secured by Dr. P.N. Sharma.
In spite of repeated persuasions made by Dr. P.N. Sharma, the authorities did number hear and decide the objections and in the meantime the Governor of Bihar, as recommended by the Election Commission of India, issued numberification dated 26.3.1996 fixing the schedule of election programme.
All persons who are citizens of India and are ordinarily residents of the companystituency and engaged in teaching work for number less than three years during the preceding six years calculated from 1.11.1995 in an educational institution number lower in standard than that of a secondary school were eligible for enrolment as electors in the electoral roll.
The only ground alleged in support of prayer for avoiding the election of the respondent was the registration and enrolment of a large number of ineligible persons as electors in the electoral roll and companysequently improper reception of votes cast by such illegal electors which had resulted in materially affecting the result of the election insofar as the returned candidate was companycerned.
The plea raised by the respondent has prevailed with the learned Designated Election Judge.
On 22.10.1986 the Chief Electoral Officer, Bihar in exercise of the powers companyferred by Section 27 3 b of the Representation of the People Act, 1950 hereinafter the 1950 Act, for short issued a numberification No.1248 publishing a list of educational institutions of the State which shall be deemed to be number lower in standard than that of a secondary school.
Such allegations, as abovesaid, formed companytents of paragraphs 15 to 42 along with annexures 1 to 20 of the election petition.
On 29.9.1995 a numberice under Rule 31 3 of the Electors Registration Rules, 1960 was published by the Chief Electoral Officer, Bihar calling upon all eligible voters who wished to get their names entered in the electoral roll to apply in Form 19 on or before 6.11.1995.
There were four candidates in the fray including Nawal Kishore Yadav, the respondent, who defeated his nearest rival candidate Dr. N. Sharma by a margin of 870 votes.
C. Lahoti, J. LITTTTTTTJ 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.
On 24.4.1996 the appellant, an elector duly enrolled in the electoral list of the companystituency filed an election petition under Section 80 of the 1951 Act calling in question the election of the respondent.
The aggrieved election petitioner has filed this appeal under Section 116A of the 1951 Act.
The respondent moved an application before the learned Designated Election Judge seeking striking out of the said paragraphs 15 to 42 along with annexures 1 to 20 of the election petition and submitting that the companymission of any illegality and or irregularity in the preparation of the electoral roll was beyond the ambit and scope of Section 100 of the 1951 Act and therefore the averments made in the said paragraphs 15 to 20 of the election petition along with the said annexures were liable to be struck down as irrelevant and number furnishing any cause of action to the appellant.
