S.P. Mitra, J. - (1.) In this petition the election of the Respondent No. 1 to the West Bengal Legislative Assembly from No. 136 Alipore Assembly Constituency has been challenged. The Petitioner was also a contesting candidate and had obtained the next highest votes. The total number of votes declared to have been polled by the Respondent No. 1 was 21,268 and those by the Petitioner was 21,029. There is no charge of corrupt practices in the petition. In para. 7 of the petition the grounds for challenging the election have been set out. The principal grounds appear to be (a) improper reception, refusal or rejection of votes or reception of vote or votes which is or are void or (b) non -compliance with the provisions of the Constitution or the Representation of the People Act 1951, or the rules or orders made thereunder.
(2.) On May 22, 1967, in the presence of Learned Counsel for both the parties the following issues arising out of the pleadings herein were settled: (i) Has there been improper reception, refusal or rejection of votes or reception of vote or votes which is or are void as alleged in para. 7, sub -para, (a) or (b), Sub -clause (v) or (vi) of the petition? (ii) Has there been non -compliance with the provisions of the Constitution of India or the Representation of the People Act, 1951, or the rules or orders framed thereunder as alleged in para. 7, sub -para, (b), Sub -clauses (i), (ii), (iii), (iv), (vii), (viii), (ix), (x), (xi), (xii), (xvi) and (xvii) of the petition? (iii) Is the Returning Officer a necessary party to this petition as alleged in para. 2 of the written statement of the Respondent No. 1? If so, is the petition liable to be dismissed? (iv) Should the Court make an order for recounting on the facts alleged in the petition? (v) To what relief, if any, is the Petitioner entitled?
(3.) At the hearing of the petition issue No. 4 was not pressed at all. Issues Nos. 1 and 2 were also restricted to certain specific allegations and I need not relate in this judgment all that has been stated in the aforesaid sub -paragraphs and Sub -clauses of para. 7 of the petition. At the appropriate time I shall deal with the Petitioner's real grievances.;