BOLIN CHETIA Vs. JAGADISH BHUYAN

JUDGEMENT

(1.) Vanquished in the battle of ballots by a narrow margin of 196 votes, the election petitioner (hereinafter called as 'the petitioner') has launched a legal attach against the election of the respondent No. 1 by filing this election petition basically on two fronts. The first is the improper reception and rejection of the ballot papers and the second is the corrupt practice of booth capturing by the election agent of the respondent No. 1. Accordingly the petitioner has prayed for scrutiny and recounting of all the 2149 number rejected ballot papers and all the ballot papers counted in favour of respondent No. 1 and thereafter on the basis of such scrutiny and recounting, the petitioner has sought for a declaration that the election of the respondent No.1 from No. 126 Sadiya Legislative Assembly Constituency (for short Sadiya 'LAC') is void under the mandate of Section 98(b) read with Section 100(1)(b) and Section 100(1)(d)(iii) and (iv) of the Representation of the People Act, 1951 (for short, 'the Act').

(2.) The factual matrix of the case, as has been emerged from the pleadings of the rival parties, is that the petitioner contested the last General Election to the Assam Legislative Assembly held in the month of May, 2001 from Sadiya LAC as a candidate of the Indian National Congress (I) when the respondent No.1 contested as a candidate of the Asom Gana Parishad (for short, 'AGP'). Respondent Nos.2, 3 and 4 were also in the hustings as Independent candidates. The polling for the Sadiya LAC was held on 10.5.2001 as notified by the Election Commission of India in as many as 126 polling stations while fresh poll in respect of some Polling Stations was held on 12.5.2001. Counting of the ballot papers were commenced on 13.5.2001 around 8.00 a.m. in two Halls at the office premises of the Sub-Divisional Officer (Civil) Sadiya at Sadiya town. In Hall No. 1, 12 Tables bearing Table Nos.1 to 12 were placed while there were 8 Tables bearing Table Nos. 13 to 20 in Hall No.2. Counting was completed at about 6/6.30 p.m. and the result was formally declared at about 2/2.30 a.m. on 14.5.2001. The petitioner secured 35,552 votes while the respondent No.1 secured 35,748 votes. The petitioner thus lost to the respondent No. 1 by a margin of 196 votes.

(3.) In paragraph 5 of the election petition, it is alleged inter-aliathat on the day of poll i.e. on 10.5.2001 when the polling was being held peacefully at Polling Station No. 109, Hahkhati L.P. School, at about 2.15 p.m., Md. Ashraful Hoque Choudhury, the election agent of the respondent No. 1 alongwith four armed persons came to the said polling station and chased away all the voters present at the polling premises who were waiting to cast their votes. After chasing away the voters, the said election agent entered the room and snatched away the ballot papers from the Presiding Officer (hereinafter called as 'the P.O.') and started casting seals on the 'Elephant' symbol appeared thereon. After forcing the official to do the formalities, those ballot papers were inserted inside the ballot boxes.