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53. So far as the oral evidence of the petitioner is concerned, P.W-1 is Santosh Hembram, who has filed this Election Petition and has stated during his evidence that he has filed this Election Petition with regard to 2019 Assembly Election. Last date of filing nomination paper was 03.12.2019 and verification of nomination paper was 04.12.2019 and the date of voting was fixed on 20.12.2019 and the date of declaration of final result was on 23.12.2019. He further stated that twenty (20) candidates including the petitioner had filed their nomination paper from 08 Nala Assembly Region and he had filed his nomination paper on 04.12.2019 and four nomination papers were rejected by the Returning Officer and thus, only sixteen (16) candidates including the petitioner had contested election. The petitioner has contested election as an Independent Candidate, who was also allotted the Serial No.7 ballot symbol and he was placed at Serial No.16 in Form-7 and he was given „Balla‟ (i.e. Bat) as election symbol. The Respondent-Rabindra Nath Mahto was at Serial No.7 and his election symbol was „Tir-Kaman‟ (i.e. Bow and Arrow) from his party Jharkhand Mukti Morcha (hereinafter referred to as „JMM‟ in short). He has proved photo of Form-7-K which was marked for identification as X. He further stated that on the date of election on 20.12.2019, when he arrived at Booth No.91 and 92 during travelling at village Patanpur then he was surprised to see that several volunteers were sitting outside booth with Demo Machine of EVM and Posters and some JMM volunteers were sitting with Posters. When he saw then he found that „NOTA‟ was mentioned at Serial No.16, upon which, he was surprised and took out photo from his mobile and on enquiry the volunteers told that there will be damage of vote and hence „NOTA‟ is mentioned at Serial No.16. Thereafter he immediately rang from his mobile to the Election Observer but his phone was not received. After completion of Election on 22.12.2019 he filed his written application by way of complaint before the Deputy Commissioner, Jamtara and the petitioner had made complaint that the respondent-Rabindr Nath Mahto and his volunteers are making wrong propaganda on Serial No.16 and „NOTA‟ has been mentioned at Serial No.16. He has proved the copy of Purcha, having photograph of Rabindra Nath Mahto (i.e. the Respondent) in which „NOTA‟ is mentioned at his Serial No.16, said „Purcha‟ (i.e. Pamphlet) is marked as Exhibit-01 (with objection). He has further proved the original copy of photo which was taken by his mobile which has been marked as Exhibit-02 (with objection). He further proved the application dated 22.12.2019 marked as X/1 which was filed before the Deputy Commissioner, Jamtara. He further proved photo copy of Form-7- K, which was deposited before the Court of Returning Officer showing his name at Serial No.16 and election symbol „Balla‟ and his photograph and which is marked for identification as „X/2‟.

54. He further stated during his evidence that the candidate of Jharkhand Mukti Morcha had shown „NOTA‟ against Serial No.16 and it has been printed and distributed by Jharkhand Mukti Morcha. He also belongs to Schedule Tribes category and he comes from Santhal Tribes and he was the only Independent Candidate from 08-Nala Assembly Constituency and due to their wrong propaganda and conspiracy committed by them his candidature has been damaged a lot. He asserted that during course of election propaganda, he was informed by villager Prem Kumar Rana of village Jhantipahari that wrong handbill was shown and even it was propagated by JMM to give vote to Rabindra Nath Mahto shown at Serial No.7 and the handbill showing Serial No.16 as „NOTA‟ and it was told that vote will be wasted at Serial No.16. Similarly, the concerned villager Umesh Murmu of village Jaspur informed him that similar propaganda was made house to house in his village by showing demo that Rabindra Nath Mahto, candidate of JMM is shown at Serial No.7. Even Umesh Murmu informed that Jaydhan Hansda and Roopchand Hansda are propagating in favour of JMM to give vote at Serial No.7 and further not to give vote at Serial No.16 showing it as „NOTA‟.

He arrived at village Patanpur at 3.00 p.m and his bodyguard and polling agent Umesh Murmu had accompanied with him.

He admitted to have not made any complain before Presiding Officer of polling booth with regard to pamphlet showing NOTA and had not complained to any security persons.

He had not made any complain before local police station which was situated at a distance of 7-8 Kilometer from Patanpur village to the effect that JMM people were distributing pamphlets of NOTA. He had not enquired about the name of such person distributing pamphlet of NOTA. He had not raised any hue and cry to enquire from people present there as to why this is happening.

122. From perusal of the deposition of witnesses of the petitioner, it would appear that the petitioner was examined as P.W-1 in this case and he has stated that on 20.12.2019 while he arrived at Patanpur Booth Nos.91 and 92 then he was surprised to see that several JMM volunteers were sitting with Demo Machine of EVM and posters and it was seen by him that Serial No.16 is written as NOTA and saw that Serial No.16 on the poster depicts his name. Thereafter he immediately got the said photograph from his mobile and even later on volunteers informed that NOTA is printed against Serial No.16 and it would be useless to cast vote on it. Thereafter the petitioner tried to contact Election Observer through his mobile but he could not receive the phone. He had also submitted written application to the Deputy Commissioner, Jamtara on 22.12.2019 after the election was over regarding the above aspect that NOTA is printed at Serial No.16 against his name. He has proved the Purcha i.e. Exhibit01 (with objection). He further proved the original photograph of the persons which was snapped from his mobile marked as Exhibit-02 (with objection). He further proved the photo copy of application submitted to D.C., Jamtara on 22.12.2019 and which is marked as X/1 for identification. He further proved the document X/2 which is photo copy of Prapatra-7 K (Format-7 K). He further proved the photo copy of the nomination paper marked as Exhibit-3 (with objection) and which is in 14th pages issued by the Returning Officer on 29.11.2019. He further proved his Caste Certificate marked as Exhibit-4 (with objection). Even during his election campaign he was informed by villager Prem Kumar Rana i.e. Prem Kumar Hembram that wherever election campaign is being done wrong pamphlet was being shown and it is circulated/campaigned by Jharkhand Mukti Morcha volunteers to cast vote at Serial no.7 to the Respondent-Rabindra Nath Mahto whereas his name is shown at Serial No.16 of the said handbill and it was ensured that the vote will be useless at Serial NO.16. He also admitted that he does not remember that the petitioner has filed written complaint before the Deputy Commissioner, Jamtara and the other available employee are not entitled to grant relief to such an employee. He further could not say that he is being shown wrong handbill.