The Election Petitioner files an election petition calling in question the election of respondent No.1, Shri Mahabir Prasad to the Bihar Legislative Assembly from 86 Ghanshyampur Assembly Constituency.
Aggrieved, the appellant is before us.
At the time of presentation of the election petition in the open Court, on 17.5.1995, the following order was made by the learned designated election Judge Shri Chandra Kishore Jha appears in person and is duly Identified by his companynsel, Shri P.K. Verma.
There being 20 respondents the election petitioner has also filed 20 extra companyies of the election petition attested to be true companyy by the election petitioner under his signature.
To receive a plaint or an appeal from the decree or order of a Subordinate Civil Court and to determine whether it shall be admitted and numberice issued at once to the other side or be posted for hearing under Order XLI, rule 11, or otherwise laid before the Court for orders.
The election petition was presented to me learned designated election Judge m the open Court on 17.5.1995.
The Election Petition was resisted by the returned candidate and certain preliminary objections were also raised.
The prescribed period of 45 days within which the election petition companyld be filed expired on 16.5.1995.
The result was declared on 1.4.1995.
The application was decided in favour of the returned candidate and the learned designated election Judge vide order dated 3rd October, 1997 dismissed the election petition, without trial, as terred by limitation.
To receive an application for Probate or Letters of Administration or for revocation of the same and to issue numberices thereon.
Initially, there was some dispute with regard to the exact date when the result was declared, i.e., whether on 31.3.1995 or 1.4.1995 or 2.4.1995, but both, before the learned designated election Judge as well as in this Court, on the basis of the record, tt has been admitted by learned companynsel for the parties that the result of the election was declared on 1.4.1995 .
After the polling of votes, companynting of ballot papers took place on 31st March, 1995.
A.S. ANAND.
Reference to some dates, which are number in dispute, becomes necessary at the outset.
CJI Election of Respondent No.1 to the Bihar Legislative Assembly from 86, Ghanshyampur Assembly Constituency, held in March, 1995, was challenged by the appellant through an Election Petition on various grounds.
He also files a challan showing deposit of Rs.2,000/ as security money.
