Law:

Section:

Representation of the People Act (LXXXV of 1976)--- ----Ss. 52, 39(3), 46, 70, 78 & 83---Representation of the People (Conduct of Election) Rules, 1977, R.26---Appeal---Election for the seat of Member National Assembly---Corrupt or illegal practices---Recounting in the entire constituency---Narrow margin of difference between the votes secured by returned candidate and runner-up candidate---Effect---Contention was that corrupt practice was committed in the election process---Election Tribunal ordered for re-election in two polling stations only---Validity---Not only corrupt and illegal practices were committed in the alleged polling stations but rejected votes were also not scrutinized by the Returning Officer---Returned candidate had won the election with the margin of 196 votes only---No illegality was pointed out in the impugned of Election Tribunal---Candidate was supposed to have led evidence in support of his allegations to justify his prayer with regard to re-election or recount in the entire constituency---Party had to prove his case---Court could not go beyond the evidence of the party---Corrupt and illegal practices were committed in only two polling stations---Nothing was on record that Election Tribunal had exercised its jurisdiction against law or any illegal or misuse of authority was committed by the said Tribunal---Re-polling or re-count in the entire constituency could not be ordered on mere allegations without any cogent and valid proof---Narrow margin of votes between the returned candidate and the election petitioner did not per se give rise to a presumption that there was an irregularity or illegality in counting the votes---Material facts with this regard had to be stated clearly in the election petition first and then proved by cogent evidence---Onus to prove allegations of irregularity, impropriety, or illegality in the election process was on the election petitioner but he had failed to bring on record any such evidence---Merely because some serious allegations had been made in the election petition would not be proper to order re-count of entire votes in the constituency on the premise that no prejudice would be caused to the…

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