ANIRUDH PRASAD Vs. RAJESHWARI SAROJ DAS

JUDGEMENT

(1.) Nineteen persons contested the biennial elections to the Bihar Legislative Council which were held on March 29, 1974, for filling 11 vacancies. The appellant, Anirudh Prasad, and respondents 1 to 10 were declared as the successful candidates.

(2.) The elections having been held by the system of proportional representation by a single transferable vote, votes were counted in accordance with the procedure prescribed in Part VII of the Conduct of Election Rules, 1961 (hereinafter called the Rules) read with relevant provisions of the Representation of the People Act, 1951 (hereinafter called the Act). The Secretary of the Bihar Legislative Assembly who acted as the Returning Officer rejected 9 ballot papers and accepted the remaining 306 ballot papers as valid. Considering that 11 seats were to be filled on the basis of votes cast in 306 ballot papers, the Returning Officer, by the application of Rule 76, fixed the minimum quota of votes sufficient to secure the return of a candidate at 2551. The technical arithmetical formulae were applied during counting from time to time, votes were likewise added and subtracted from one round to another of counting and the result of the none-too-simple procedure was entered by the Returning Officer in a form prescribed by the rules for that purpose.

(3.) In the first round of counting, respondents 1 to 5 were declared elected as they secured more votes than the fixed quota of 2551. In the second and third rounds of counting respondent 6 (since deceased) and respondent 7 were declared successful on the basis of transfer of surplus votes. None of the candidates could be declared successful in the fourth round but in the fifth round, respondents 8 and 9 and in the sixth round, respondent 9, were declared elected. In the seventh round of counting respondent 18 (Indra Kumar) was eliminated and in the eighth round, which was the last round of counting, appellant Anirudh Prasad and respondent 10 were declared as the successful candidates.