Law: Electoral College Act (IV of 1964)

Section: 45(2),58,36(1-A)

(NOTE: Wrongly 2 citations added in PLD. Both are mentioned.)   Electoral College Act (IV of 1964), Ss. 45(2) & 58 read with Electoral College Rules, 1964, r. 36(1-A)--Election to Electoral College-Equality of votes between contesting can didates-Drawing of lot some hours after close of poll and at place other than polling station-Irregular and in contravention of provisions of S. 45(2)-Tribunal acting under S. 58 setting aside election for such contravention without further finding in terms of r. 36 (1-A) of Electoral College Rules, 1964 that "result of the election had been materially affected"-Order of Tribunal, held, illegal.   Electoral College Act (IV of 1964), S. 58 read with Electoral College Rules, 1964, r. 36(1-A)-Election petitionJurisdiction of Tribunal to set aside election.   The jurisdiction of the Election Tribunal under the Electoral College Act, 1964 to set aside an election depends upon two facts :-(i) that there has been a contravention of or a failure to comply with any provision of the Act or the Rules framed there under ; and (ii) that by reason of such contravention or failure, result of the particular election has been materially affected.   Electoral College Act (IV of 1964), S. 58-Election petition-Proceedings before Election Tribunal-Judicial proceed ings-Finding arrived at by Tribunal-Must be based on evidence.   Electoral College Rules, 1964, r. 36 (1-A)-Whether election materially affected-Question of fact to be determined on evidence.    JUDGMENT   SALAHUDDIN AHMED, J.-In this application the petitioner has challenged an order of the Election Tribunal constituted under the Electoral College Act setting aside the petitioner's election.   Facts leading up to the issue of the Rule may briefly be stated as follows : At an election of the Member of the Electoral College of Kushangal Union Council, Unit No. VII, Police Station Nalchity, District Bakerganj the petitioner and opposite- party No. 1 along with some other persons were the candidates. At the end of the poll as a result of the counting of the votes, it was found that petitioner and opposite-party No. 1 had secured…