Case Note & Summary
The dispute arose from the 1985 Bihar Legislative Assembly elections where the appellant was declared elected from the 286 Chandan Kyari (S.C.) Constituency. The respondent, a sitting MLA, challenged the election results, claiming that a change in his election symbol from 'bow and arrow' to 'ladder' misled voters and materially affected his chances of winning. The respondent argued that he did not receive adequate time for campaigning due to this change, violating Section 30(d) of the Representation of the People Act, 1951, and Rule 10(5) of the Conduct of Election Rules, 1961. The High Court initially ruled in favor of the respondent, declaring the election void. However, the Supreme Court found that the respondent failed to prove that the election result was materially affected by the symbol change. The court noted that the respondent lost by a margin of 430 votes and did not provide evidence that more than 430 voters would have voted for him had the symbol not changed. The court emphasized that mere assertions were insufficient and that the burden of proof lay with the election petitioner. Ultimately, the Supreme Court set aside the High Court's decision, allowing the appeal and reinstating the election results in favor of the appellant.
Headnote
A) Election Law - Election Petition - Burden of Proof - Representation of the People Act, 1951, Section 100 - The election petitioner must prove that the election result was materially affected by violations of election rules. The court held that the petitioner failed to provide sufficient evidence to demonstrate that the change of symbol materially affected the election outcome. (Paras 931-934).
Issue of Consideration
Whether the election result was materially affected by the change of election symbol and violations of election rules.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and reinstated the election results in favor of the appellant, awarding costs of Rs. 3,000.
Law Points
- Election petition
- burden of proof
- violation of election rules
- material effect on election result
