DAMODAR PRASAD Vs. CIVIL JUDGE SAMBHAR

JUDGEMENT

(1.) THIS is a petition under article 226 of the Constitution by one Damodar Prasad against an order of the Civil Judge, Sambhar, dismissing the election petition filed by him challenging the election of Shanker Singh respondent. The petition has been contested on behalf of Shankar Singh.

(2.) THE election to the office of Sarpanch of Khudiyala Panchayat was contested by Shankar Singh and Damodar Prasad. According to the counting made by the Returning Officer Shankar Singh polled 390 valid votes, Damodar Prasad polled 333 of them and 103 votes were rejected as invalid. THE defeated candidate Damodar Prasad filed an election petition challenging the election on a number of grounds most of which were abandoned. One of the grounds which was pressed is contained in para 6 of the election petition namely that his valid votes were illegally rejected and invalid votes were counted for Shankar Singh. THE following allegations were made in this respect in the petition - (1) THE returning officer rejected valid ballot papers marked for the petitioner on the ground that they bore marks in the compartment of the other candidate also. THEse marks were caused by folding the ballot papers when the ink had not dried. (2) Several of the ballot papers marked for the petitioner were rejected on the ground that the mark was not made at the proper place. According to the petitioner the mark was made at the proper place and the intention of the voter to vote for the petitioner was clear. (3) Most of the 103 rejected ballot papers were valid votes for the petitioner. (4) THE Returning Officer counted several invalid ballot papers in favour of the returned candidate. A prayer was made before the election tribunal to allow an inspection of the ballot papers in order to furnish particulars of the ballot papers improperly rejected for the petitioner and improperly accepted for the returned candidate. This prayer was refused by the tribunal on the ground that under rule 39 (4) of the Rajasthan Panchayat and Nyaya Panchayat Election Rules 1960 the decision of the Returning Officer as to the validity or otherwise of the ballot paper is final.