ANANGA UDAY SINGH DEO versus RANGA NATH MISHRA AND ORS.

ANANGA UDAY SINGH DEO versus RANGA NATH MISHRA AND ORS.

The Returning Officer acted in accordance with the prescribed procedure by transferring surplus votes per Rule 79; the plea of corrupt practices was not properly pleaded or proved; evidence on vague allegations was inadmissible; no irregularity in the counting or declaration of results occurred.

Parties
Appellant: Ananga Uday Singh Deo; Respondent No. 1: Ranga Nath Mishra; Respondent No. 2: Rama Chandra Khuntia; Respondent No. 3: Manmath Das; Respondent No. 4: Unknown (Respondent No. 4)
Jurisdiction
India
Judgment Date
12 October 2001
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 4.8.2000 of the Orissa High Court in Election Petition No. 1 of 1998
Outcome
Appeal dismissed with costs.
Legal Topics
Corrupt Practice in Elections, Proportional Representation, Single Transferable Vote, Procedure in Election Petitions
Election Law Corrupt Practice in Elections Proportional Representation Single Transferable Vote Procedure in Election Petitions

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Parties

Ananga Uday Singh Deo

Appellant

Ranga Nath Mishra

Respondent No. 1

Rama Chandra Khuntia

Respondent No. 2

Manmath Das

Respondent No. 3

Unknown (Respondent No. 4)

Respondent No. 4

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 4.8.2000 of the Orissa High Court in Election Petition No. 1 of 1998

Legal Issues

  1. 1 Whether the charge of corrupt practice is properly proved and pleaded as required in law
  2. 2 Whether the returning officer correctly counted and transferred surplus votes as per applicable rules
  3. 3 Whether the election of respondents 1 and 3 is vitiated due to alleged irregularities and corrupt practices

Ratio Decidendi

The Returning Officer acted in accordance with the prescribed procedure by transferring surplus votes per Rule 79; the plea of corrupt practices was not properly pleaded or proved; evidence on vague allegations was inadmissible; no irregularity in the counting or declaration of results occurred.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.