Law: Representation Of People Act, 1976

Section: 55,70(b)

(a) Representation of the People Act (LXXXV of 1976)--- ----Ss. 55 & 70(b)---Allegation of harassment of polling agents and casting of bogus votes---Proof---General allegations---Failure to produce substantiated evidence of rigging---Effect---Out of 104 polling stations where rigging was alleged the appellant (election petitioner) examined polling agents of 26 polling stations---No evidence was led with regard to the corrupt practices allegedly committed at the remaining 78 polling stations---Polling agents who were examined had admitted in their cross-examination that they did not file any written complaint either with the police or the Election Commission with regard to their expulsion, harassment or casting of bogus votes---Polling agents who stated that they witnessed casting of bogus votes also admitted in their cross-examination that they did not challenge a single vote at the time of polling---Even after the polling was over, the appellant did not approach the Provincial Election Commission to report the alleged corrupt practices---Polling agents of other contesting candidates (other than the appellant and returned candidate) who obtained substantial number of votes were not cited as witness to the alleged corrupt practices---No attempt was made to even call anyone as court witness in order to establish that polling took place in absence of appellant's polling agents or bogus votes were cast---Moreover appellant did not place before the Election Tribunal a comparative table of 104 disputed polling stations and the remaining 276 undisputed polling stations in order to point out any phenomenal difference between the two sets of polling stations with regard to the voting pattern or voter turnout---Election data of the constituency showed that the turnout was only 39.34%---Returned candidate procured 25.88% of the total votes polled---Said figures showed that there was no unusual turnout of voters nor excessive polling in favour of the retuned candidate took place---Merely on unsubstantiated allegations of rigging, the court could not reach the conclusion that returned candidate indulged in illegal and corrupt practices---Evidence that was led by the…

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