Document Fragment View

Matching Fragments

35. The last contention of Mrs. Shyamla Pappu, which has been seriously pressed, is that grave irregularities and illegalities had been committed in the counting of votes.
36. Some instances of such irregularities are alleged in paragraph 7 of the petition. Most of those allegations are general and vague. Those on which Mrs. Pappu has laid stress are these :
(a) "At the counting, Rattan Chand counting agent of the petitioner at Table No. 5 noticed "that in one bundle about 49 votes of the petitioner had beta put and on the top of it one ballot paper cast in favour of Khachi was placed". This gave the false impression that the whole bundle of 50 ballot papers was in the name of Khachi, and accordingly they were counted in Khachi's favour, causing a loss of about 49 votes to the petitioner. The petitioner was informed by his other counting agents also that such wrong things had been done at the other tables as well In this way the petitioner believes that he had been deprived of at least 500 votes
(b) "Quite a large number of votes cast in favour of the petitioner were declared invalid whereas a large number of invalid votes which deserved to be rejected were counted in favour of the respondent No. 1"
(c) "During the count on the second round no invalid vote was declared in respect of the counting conducted at Table No. 8. In the result sheet, however, the petitioner now finds 15 votes as having been declared invalid at that table in the second round counting "

(d) "Even though the result was yet to be announced officially, the counting agents of Khachi raised shouts that he had won and caused great confusion and chaos. "The petitioner and his counting agents were keen to file an application to the Returning Officer requesting for accounting of the votes. Shri Tara Ghand Sirkek, one of the counting agents of the petitioner, was therefore, sent out to get an application, typed application, on account of the confusion and chaos already going on the counting room, he was not permitted to enter the counting room by the security staff, though he was having on his chest the proper identity chit. It was therefore, after considerable difficulty and delay that the application could at last be presented to the Returning Officer The Returning Officer however made an order that the demand for recounting could not be accepted by him as the certificate of election had already been issued". Mrs. Pappu contends that the Returning Officer in view of these irregularities and circumstances which were all in his notice acted arbitrarily and illegally in rejecting the application for recount which had been duly made under Rule 63 of the Conduct of Election Rules.

37. Evidence with regard to this issue consisted of the statements of Bhalaik (P W 27), Rattan Chand (P W. 22) and Sirikek (P W. 19), in rebuttal, Khachi examined S. K. Alock D W. 13, the Returning Officer, P V. Singh, D.W. 9 and D.W. 17, apart from himself appearing in the witness box.

38. At the trial the petitioner (P W. 27) tried to improve upon his ver- sion in the petition and stated :

Shri Rattan Ghand was my counting Agent at table No. 5 When Rattan Chand became free from his table he went to Shri Tara Chand Sirkek who was my counting agent at table No. 1. Shri Rattan Chand whispered in the ear of Shri Tara Chand Sirkek that so many irregularities were committed on his table. Shri Tara Chand Sirkek came and told me about those irregularities. He told that according to the information given to him by shri Rattan-Ghaid, several bundles containing my votes were passed on to the tray of Shri Khachi and were counted as votes for Shri Khachi, Shri Sirkek told me that Shri Rattan Chand protested to the counting staff regarding that but he was threatened. At that time I did not verify that complaint from Shri Rattan Chand. Later on when the counting was over I did talk with Rattan Chand about it. Shri Rattan Chand confirmed all that what he had stated to Shri Sirkek. When Sirkek whispered the complaint of Shri Rattan Chand in my ear, I told him to rush up to the Congress Office and bring an application for recounting. Shri Sirkek rushed outside. The counting was going on other tables at that time. The counting was going on and prematurely the counting. Agents of Shri Khachi raised slogans inside the Hail that Shri Khachi had won the election. Random check was made on the table of the Returning Officer for table No 2. Two votes belonging to me were found in the tray of Shri Khachi. The Returning Officer then stood up & warned the Counting Staff that they should not commit such mistakes. Later on my Counting Agents told me that the counting of the ballot papers was being done by the counting staff so swiftly that it was hardly known to them as to which of the ballots is being counted and for whom.