Fulena Singh vs Vijay Kumar Sinha & Ors

3. Brief facts leading to this appeal may have to be noticed before we proceed to consider the validity and correctness of the impugned order. The first respondent herein filed Election Petition No.1 of 2006 challenging the election of the appellant herein on various grounds. The case of the first respondent/petitioner is that he was defeated in the elections held in the month of October- November, 2005 to the Bihar Legislative Assembly from 172, Lakhisarai Assembly Constituency by a narrow margin of 82 votes only on account of several irregularities and illegalities alleged to have been committed by the appellant and his election agent together with his workers and 3 supporters. The precise allegation, so far as we are concerned in the present appeal, relates to enrollment of voters in more than one place in the Assembly Constituency. It is alleged that the family members of the appellant are enrolled as voters from three places in the constituency and the appellant himself is enrolled as a voter in more than one place.

4. It is alleged that the election of the appellant may have to be declared void "on the solitary ground that there are large number of voters roughly about 600 were enrolled as voters from more than one place and majority of such voters have voted twice in favour of respondent no. 1 In this regard, it is curious to indicate that there are 250 persons of family of respondent no. 1 including the gotias (agantes) and co-villagers who were supporters of respondent no. 1 have voted twice from both the places in favour of respondent no. 1. Thus, 250 persons who are family members as well as agents and co-villagers and the 4 supporters of respondent no. 1 and enrolled in more than two places in voter list in the same constituency and they have cast votes at both the places and as such 500 void votes have been counted in favour of respondent no. 1 and if such void votes are deleted by simple arithmetical calculations, respondent no. 1 has secured less number of votes than the petitioner and therefore on this ground alone the election of respondent no. 1 is not only fit to be set aside but on the other hand the election petitioner is entitled to declare election in place of respondent no. 1 by securing the majority votes than the respondent no. 1." The details of enrollment of some such voters stated to have been enrolled in more than one place in the said constituency are mentioned in annexure 4 to the election petition.

8. The learned trial judge after referring to the pleadings and decisions of this Court allowed the application and accordingly permitted the parties to inspect the registers of voters in Form 17A.

Hence, this appeal.

12. We do not propose to minutely examine the nature of evidence and express our opinion as to whether any case at all is made out for permitting the parties to inspect the packets containing registers of voters in Form 17A; for such an exercise on our part may cause unintended prejudice to either of the parties in the main Election Petition which is still awaiting adjudication. Be it noted the prayer in the Election Petition is to set aside the election of the appellant and declare the respondent/election petitioner to have been duly elected from 172, Lakhisarai Assembly Constituency after scrutiny, inspection and recounting of ballot papers. Similar is the prayer in the application disposed of by the learned trial judge resulting in passing of the impugned order. The grant or refusal of the prayer in the election petition to a large extent depends upon the decision as to whether parties have to be permitted to inspect the registers in Form 17A. It would be appropriate to decide the main election petition in order to finally resolve the lis between the parties.

13. For the aforesaid reasons, we set aside the impugned order and remit the application filed by the first respondent/election petitioner for the consideration of the trial court along with the election petition. Interests of justice requires expeditious disposal of the election petition since the same is awaiting its adjudication ever since 2006. The appellant as well as the respondents assure the court that they shall not make any unreasonable request seeking postponement of the trial of the election petition. The appellant herein undertakes to lead his evidence and complete the same expeditiously.

14. We therefore request the learned trial judge to dispose of the election petition and as well as the application filed by the respondent/election petitioner within a period of four months from today. The learned trial Judge shall dispose of election petition and as well as application uninfluenced by any of the observations made in this order since we have 12 not expressed any opinion whatsoever on the merits of the case.

15. Appeal is accordingly allowed, with no order as to costs.

February 5, 2009