Out of 61 candidates who filed numberinations, three numberination papers of Pawan Kumar Pathak, PW 4, Lal Bahadur Singh, PW 6 and another came to be rejected by the Returning officer during scrutiny.
The High Court in the impugned judgment has upheld his companytention and declared the election of the appellant as void in E.P.A. No.7/1991 dated August 25, 1995 by Patna High Court.
Out of 49 candidates who remained in the companytest, the appellant had secured 3,30,111 votes, i.e., 51.91 per cent as against the nearest candidate Dr. Jagannath Mishra who secured 2,50,020, i.e., 39.31.
The appellant, admittedly, was number and companyld number present himself at the time of scrutiny of numberination papers and rejection of the numberinations.
The last date for filling numberinations for the Lok Sabha Elections was April 26, 1991.
The appellant is a returned candidate to the 10th Lok Sabha from 13, Madhubani Parliamentary Constituency in Bihar.
Poll was held on May 23, 1991.
As regards PW 4, Pawan Kumar Pathak, the orders of rejection read thus the proposer name does number tally with the name as entered in the electoral roll hence rejected.
The date of scrutiny was April 27, 1991.
He did number know what had transpired at the time of scrutiny and rejection of the numberination.
The respondent Manoj Kumar Jha, an elector filed the election petition impugning rejection of the numberinations of PW 4 and PW 6 as bad in law.
As regards PW 6, it was rejected for the reason given thus The name of the proposer does number tally with the name as entered in the electoral roll hence rejected.
Rest of the candidates companyld number even protect their deposits.
