- (1.) This election petition has been brought before this Court for the following reliefs :- (a) That the declaration of the result of 152, Ballygunge Assembly constituency made by the respondent No. 1 on 11/05/1996 declaring the respondent No. 7 as the elected candidate is void, invalid and inoperative and the same should be set aside and/or quashed. (b) That there be a recounting of votes for the last election of 152, Ballygunge Assembly Constitutency held on 7/05/1996 under the supervision officer appointed by this Hon'ble Court, declaration should be made after such recounting that the petitioner has been duly elected in the said election for the said Assembly constituency and not the respondent No. 7. (c) Ad-interim order directing the respondent No. 1 to produce used and unused ballot papers including cancelled ballot papers, tender ballot papers and postal ballot papers of 152, Ballygunge Assembly Constituency for the election held on 7/05/1996 before this Hon'ble Court and to Keep the same to the Registrar, Original side of this Hon'ble Court and the same may not be destroyed or tampered with or manipulated.
(2.) In the body of the petition as ground for seeking of the aforesaid reliefs the petitioner alleged corrupt practices resorted to by the original respondent No. 7 (now respondent No. 1) at the time of or immediately before the poll and the allegations of improper reception, refusal or rejection of votes at the time of counting.
(3.) It is alleged that the officers and persons those who were engaged in counting were under the control of original respondent No.7 CPI (M) nominee and they were the supporters of the Co-ordination Committee of the employees of the Government of West Bengal who are having allegiance to the ruling C.P.I. (M) party. In fact, at the time or before poll the allegation against the original respondent No. 7 by the petitioner is absolutely vague and devoid of any particulars for which any notice should not be taken by this Court.;