Faraz Fatmi vs Ashok Kumar Yadav & Ors on 5 August, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 E P No 3 of 2011
                                   Faraz Fatmi
                                      Versus
                             Ashok Kumar Yadav & Ors
                                     -----------

10 05.08.2011 Proposed issues have been filed on behalf of the

Election petitioner and respondent No 1 who is the main contesting

respondent.

Having heard the parties, in my view, the issues have to

be reframed as under :

(1) Whether the election petition, as framed

and filed, is maintainable in law.

(2) Whether the pleadings in the election

petition being vague and frivolous, the

election petition is fit to be dismissed in

terms of the principles enshrined in

Order 7 Rule 11 of the Code of Civil

Procedure.

(3) Whether the election petition is fit to be

dismissed in terms of Section 86 of the

Representation of People’s Act, 1951

for non-compliance of mandatory

provisions contained in Section 83 (1)

(a) and 83 (1) (c) read with Rule 94A of

the Conduct of Election Rules, 1961.

(4) Whether illegalities and irregularities

have been committed in the process of
2
counting of ballot papers, as alleged in

the election petition. If so, can it be said

that it has materially affected the results

of the election and if so whether it is a

case in which recounting be ordered and

results declared thereupon.

List of documents have been furnished by both the

parties. Let the Registry call for the same.

List of witnesses have been furnished by both the

parties. Mr Mangalam for the contesting respondent points out that

the election petitioner has submitted incomplete list of witnesses,

inasmuch as he has stated without giving name, parentage and other

details, that all counting agents be requisitioned. This is highly

improbable.

Let full particulars be supplied by 16th of August, 2011.

Election petitioner is directed to file deposition as

examination-in-chief of his witnesses on affidavit after serving copy

on the other side within three weeks.

The registry to put up this matter on the appropriate day

immediately after documents are received so that witnesses can be

summoned for cross-examination.

M.E.H./                               (Navaniti Prasad Singh)