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(e) The returned candidate- Respondent No.-1 and his Election Agent with the help of their men captured polling booths being booth numbers 58, 66, 76, 85, 103, 104, 116, 124, 125, 128, 131 132 (Total 12 Booths) and got maximum Votes polled in those booths in favour of the Returned Candidates.
(f) The Election Agent of the Respondent No.-1 with consent and connivance of the Respondent No.-1 obtained several hundred illegal Votes in their favour of the Persons who were already dead.
(x) That it is stated and asserted that the Petitioner has received maximum valid votes in the Election of 59, Topra (S.T.) Jharkhand Legislative Assembly Election-2014 has been illegally, wrongly declared to have lost election by 43 Votes by the Returning Officer

(xxviii) That the petitioner has received maximum Valid Votes in the polling fro 59 Torpa (S.T.) Jharkhand Assembly Election 2014 therefore he may kindly be declared Elected.

4. Respondent No.1 appeared and filed his written statement taking following grounds and has stated as follows:-

(i) That it is stated that the Petitioner has filed in the instant Election Petition with ulterior motive, only with view to humiliate and harass the returned candidate and it is stated that the instant Election Petition is also bad for non-joinder of necessary parties in whose absence no effective order can be passed hence on this score alone this Election Petition is fit to be dismissed.

7. In this case altogether four witnesses examined on behalf of the election petitioner.

Petitioner Witness No. 2, Shashidhar Mandal, Returning Officer:- His cross examination was recorded on 06.03.2018 stating that he was posted as Additional Collector, Khunti District in 2014 and in 2014, 4th Jharkhand State Legislative Assembly Election was held in November-December, 2014. In that election, he was nominated as the Returning Officer of 59, Torpa (S.T.) Jharkhand Legislative Assembly Constituency by the Election Commission of India and Sri Somson Soy, I.A.S., the then Deputy Commissioner, Khunti was the District Election Officer.

He denied the suggestion that 38 postal ballots, which were cast in favour of Sri Koche Munda, have been rightly rejected by the Returning Officer and 69 postal ballots which were received by Paulus Surin, have been legally allowed by the Returning Officer. Petitioner Witness-4, Suman Bhengra Suman Bhengra stated in examination-in-chief that he was a candidate from Jharkhand Party in Jharkhand Assembly Election, 2014 from 59, Torpa (S.T.) Jharkhand Legislative Assembly Constituency and he received 18955 votes and 11 postal ballots total 18966 He stated that he filed nomination papers on 14.11.2014 and scrutiny of nomination papers was held on 15.11.2014 and he made oral objection before the Returning Officer when the nomination papers of Paulus Surin was accepted.