- (1.) In the instant Election Petition the petitioner who was a candidate in the West Bengal Legislative Assembly from 285, Labhpur Assembly Constituency has prayed for (a) declaration that the election of respondent No. 1 in the said constituency of 12th West Bengal Assembly Election held on 2nd May, 1996 is void, illegal and be declared to be void; (b) declaration that the declaration of result dated 9th May, 1996 made by the Returning Officer of 285 Labhpur Assembly Constituency, Bolpur, Dist. Birbhum declaring the respondent No. 1 Manik Chandra Mondal, as duly returned candidate from the said constituency be void and the same be set aside; (c) further declaration be made that the petitioner who secured second highest valid votes be elected from the said Constituency in the 12th West Bengal Legislative Assembly Election held on 2-5-96; (d) an order of injunction be issued against the respondent No. 1 restraining him from holding the office of Member of the Legislative Assembly and from attending Legislative Assembly of 12th West Bengal Legislative Assembly or drawing perquisites therefor until the disposal of this application; (e) an ad interim order in terms of prayer (d); (f) discovery; (g) injunction; (h) inspection; (i) costs of and incidental of this application be paid by the respondent No. 1; (j) any further order be passed and direction be given inconsistent with the provisions of the said Act and the Rules and provisions thereunder; (k) such further or other order or orders be made and/or direction or directions be given as to this Court may deem fit and proper.
(2.) It is the contention of the petitioner that the returned candidate, Manik Chandra Mondal, being respondent No. 1 in the instant petition as nominee of CPI (M) party filed nomination paper from the said 285, Labhpur Assembly Constituency before the Returning Officer of 285 Labhpur Assembly Constituency. Last date of filing nomination paper of Assembly Election was fixed on 3-4-96 and date of scrutiny was on 4-4-96 and the 6 last date of withdrawal of nomination was 6-4-96.
(3.) It has been alleged on behalf of the petitioner that one Sri Patit Paban Chatterjee of Village-Bipratikuri, District-Birbhum by a letter dated 2-4-96 had informed the District Magistrate that Manik Chandra Mondal alias Manik Mondal is one of the murderers of his father Sri Nabagopal Chatterjee and as such Sri Mondal has been convicted by the Additional Sessions Judge, Suri, for life imprisonment and thereafter he obtained bail from the High Court at Calcutta, since he has been convicted by a competent Court of Law, it has been particularly stated in his said letter that the said Manik Mondal should not be allowed to contest election as a candidate from the said Assembly Constituency.;