झारखड गजट

असाधारण अंक

झारखड सरकार वारा काशत

19 जेठ, 1942 (श०)

सं" या– 251 राँची, मंगलवार, 9 जून, 2020 (ई०)

मंमंडल ( नवा चन) वभाग

----------

अ0धसूचना

8 जून, 2020

संया-02/ न0 या0वा0-17-13/2020/09-- भारत 3नवा4चन आयोग क7 अ0धसूचना सं"या-82/पूव4 अनु०-

1/झार०-;व०स०/ई.पी.(11/2015)/2020 =दनांक-11 फरवर@, 2020 वारा 3नवा4चन अजA सं०-11/2015 मB =दये

गये उDच Eयायालय, झारखंड, राँची क7 तार@ख 20 =दसF बर, 2019 के आदेश से संबं0धत अ0धसूचना को

राजक7य गजट के असाधारण अंक मB काशनाथ4।

झारखड राJयपाल के आदेश से,

राहुल कुमार पुरवार,

मु" य 3नवा4चन पदा0धकार@-सह स0चव

नोट:- कृपया यहाँ से मु=Nत करB।

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

भारत नवा चन आयोग

---------------

अ0धसूचना

11 फरवर@, 2020/22 माघ, 1941 (शक)

संया- 82/पूव अनु०-1/झार०-व०स०/ई.पी.(11/2015)/2020 -- लोक 3त3न0धQव अ0ध3नयम

1951 (1951 का 43) क7 धारा 106 के अनुसरण मB, 3नवा4चन आयोग एतदवारा 3नवा4चन अजA सं०

11/2015 मB =दये गये झारख ड उD च E यायालय के तार@ख 20 =दसF बर, 2019 के आदेश को

काशत करता है।

(संलUन आदेश यहाँ छापB)

आदेश से,

अरव द आन द,

स0चव

भारत 3नवा4चन आयोग

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झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Election Petition No. 11 of 2015

Krishna Nand Tripathi

……

Petitioner

Versus

Alok Chaurasiya

……

Respondent

---------

CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

---------

For the Petitioner

: Mr.

Mahesh Tewari, Advocate For the

Respondent : Mr. V.P. Singh, Sr. Advocate

Mrs. Rashmi Kumari, Advocate

……………

C.A.V on : 17/12/2019

Pronounced on: 20/12/2019

This Election Petition has been filed under Sections 80, 80 (A) and 81 of Representation

of People Act, 1951 wherein the petitioner has challenged the election of the sole

respondent, namely, Alok Chaurasia, who has been declared elected as a member of

Jharkhand Assembly from 76, Daltonganj Assembly Constituency, Election of which was held on

25^thNovember 2014 in which following pleadings have been made:-

(i) That the S.D.M., Palamau was the Returning Officer of the said Assembly Constituency.

(ii) That on the basis of the notification issued by the Election Commission of India, the

aforesaid Returning officer, issued election programme giving details of the election stages.

The details of the election programme are given below:-

Issuing notification by the Returning officer

-29.10.2014

ii.

Last date of filing Nomination papers

-05.11.2014

iii.

Date of scrutiny of Nomination Papers

-07.11.2014

iv.

Last date of withdrawal of candidature

-10.11.2014

Date of Poll

-25.11.2014

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

vi.

Date of Counting

-23.12.2014

(iii)

That in accordance with the said election programme, the petitioner, respondent

and 24 others filed their nomination papers before the Returning Officer the on scheduled date

and time till the last date of filing of nomination papers.

(iv). That during the course of scrutiny of nomination papers the Returning Officer was

pleased to accept the nomination papers of all the candidates as valid.

(v). That after the expiry the last date of withdrawal the Returning Officer published the names

of 26 contesting candidates in prescribed form and allotted symbols to them.

(vi). That the nomination papers the sole respondent was improperly accepted by the Returning

Officer ignoring the objection raised by the petitioner and his election agent, namely, Madan

Tiwari.

(vii). That it is stated that on the date when the sole respondent had filed his nomination papers

the Date scrutiny of his nomination papers by the Returning Officer, the sole respondent was

disqualified to contest the election at relevant date on the ground that the sole respondent was

underage as his age was much below 25 years.

(viii). That at the time of scrutiny of the nomination papers of the sole respondent an

objection as raised by Election petitioner and his election agent, namely, Madan Tiwary, before

the Returning Officer to the effect that the sole respondent, namely, Alok Chaurasia was

disqualified to contest the election as he was underage as his age was much below 25 years

as required under the Constitution of India and is thus disqualified to contest the election under

Article 173 (b) of the Constitution of India.

(ix). That on such objection being raised by the now Election Petitioner and his election

agent, the Returning Officer over ruled the objection of the petitioner and his election agent on

the flimsy ground that ne documentary evidence has been produced but in fact documentary

evidence in support of the objection was sent to the Returning Officer but he did not take any

notice to it and illegally and improperly accepted the nomination respondent as valid. Papers of

the sole respondent as valid.

(x). That it is relevant to state that sole respondent, namely, Alok Chaurasia was born on 15^th

February,1995 and as such he was disqualified rather not qualified to become a candidate on the

date of presentation of nomination papers.

(xi). That the said Alok Chaurasia was admitted in Class IX in the year 2008 and his date

of birth was recorded in the records of the School register is 15.02.1995. In the year 2009 he

was registered to the Metric Board and his date of birth as recorded in the Annual Secondary

Examination 2010 admission Card of Jharkhand Academic Council, Ranchi was 15th February,

1995.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

(xii). That in the year 2010 itself the sole respondent was admitted in I.Sc. and his date of

birth shows as 15t February 1995 in G.L.A. College, Medni Nagar.

(xiii). That it is also relevant to state here that the Character certificate of Alok Chaurasiya

issued by the Head Master of Giribar Uchh Vidyalaya, Medini Nagar, Palamu, also indicate that

the date of birth of Alok Chaurasia is 15.02.1995.

(xiv). That it is stated that in the school leaving certificate issued by the Head Master of

Girbar Uchh Vidyalaya, Medini Nagar, Palamu, to Alok Chaurasya son of Anil Chaurasya,

the sole respondent, the date of birth of the sole respondent is shown as 15.2.1995 in

figure and Fifteen February Nineteen ninety five in words.

(xv). That it is also significant to state here that Marks Statement of 2010 Annual

Secondary Examination 2010 o of Alok Chaurasiya dated May 10, 2010, also shows that the

date of birth of Alok Chaurasia is 15.2.1995.

(xvi). That Jharkhand Academic Council, Ranchi Secondary Examination Registration slip also

indicates the date of birth of Alok Chaurasia as 15.2.1995.

(xvii). That it is submitted that order dated 07.11.2014 of the Returning officer is illegal, arbitrary,

mala fide, unseasonable and being unsustainable in the eyes of law and thus the election of the

sole respondent is fit to be declared void under section 100 (1) (d) (1) of the Representation

of Peoples Act 1951.

(xviii).

That from the facts stated herein before, this is an admitted position in

the case that on the date of filing of nomination papers by the sole respondent and on the

date of scrutiny of the nomination papers of the candidates, the sole respondent was underage

as hís date of birth is 15.2.1995.

(xix).

That in view of the aforesaid facts, it is apparently clear that the

sole respondent was underage and thus his election as Member of Jharkhand Assembly is fit

to be declared void under section 100 (1) (d) (1) the Representation of Peoples Act 1951.

(xx). That the petitioner also filed complaint petition before the Chief Election Commissioner,

Election Commission of India New Delhi along with annexure of the relevant documents

regarding the age of Sole respondent.

(xxi).

That since the sole respondent was the nominee of Jharkhand Vikash

Morcha and the Returning Officer as well as officials of District Administration were not

favourably disposed towards petitioner because he was a Minister in previous Government and

the matter of Public Welfare Which annoyed the District Officials hence the Returning

Officer arbitrarily rejected the objection of the petitioner and improperly accepted the nomination

papers of the sole respondent, the returned candidate.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

(xxii).

That in view of the aforesaid facts and circumstances the election of the

sole respondent is fit to be declared void as it has materially affected the result of the

election because the returned candidate is disqualified to contest the election.

(xxiii).

That the election petition is accompanied with extra copy of the

election petition with annexure duly attested by the petitioner to be the true copy of the

election petition under his signature as required under section 81 (3) of the Representation

of Peoples Act 1951.

(xxiv).

That the petitioner is pressing this election petition before this Hon'ble

court within 45 days of the date of declaration of the result as required under section 81 (1) 30

the Representation of Peoples Act 1951.

(xxv).

That as per the requirement of Section 117 of the Representation of People

Act 1951, the petitioner has already deposited the security of Rs.2,000.00 vide Challan No.

dated 6 2527.That the petitioner had earlier filed Election Petition No. 02 of 2015 but it was

pointed out by the Registry that it was not presented in accordance with law as held by

Hon'ble Supreme Court in C.A. No. 6269/ 2008 and thereafter the said case was withdrawn

vide order dated 06.02.2015 passed by Hon'ble Mr. Justice D. N. Upadhyay with liberty to file

fresh case thereafter the petitioner has not filed any other Election Petition before this Hon'ble Court

for declaring the election of the sole respondent void.

(xxvi) This election petition has been filed on 07.02.2015 and under dated 08.05.2015 notice was

issued to the sole respondent. Further, on 04.11.2015 I.A. No. 6327 of 2015 filed for effecting

valid service of notice against opposite party through paper publication, was allowed and

accordingly, substituted service of notice against sole opposite party was deemed to be

validly served.

A written statement dated 01.12.2015 has been filed on behalf of the respondent-

Alok Chaurasiya stating therein as under:

(a).That this respondent states that the present election petition being Election Petition

No. 11 of 2015 is not maintainable as it has been filed beyond the period of limitation, thus fit

to be dismissed on this ground alone in view of provisions contained in Section 86(1) of

Representation of People, Act 1951 . The result of the Election was declared on 23.12.2014

but this election petition being Election Petition No.11 of 2015 has been filed on 7.02.2015

that it beyond the statutory period of limitation of 45 days as provided under section 81(1) of

the R.P. Act, 1951.

(b). That this election petition is also not maintainable because from the record of the case

is appears that it has not been personally presented by the petitioner himself before Hon’ble

High Court as required under section 81(1) of R.P. Act- 1951. Thus on this ground also this

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

election petition is fit to be rejected under section 86(1) of R.P. Act, 1951 for violation of

provisions of section 81(1) of the R.P. Act. 1951.

(c). That this election petition is also fit to be rejected out rightly because no “correct

and authenticated copy of election petition” has been served/provided to this respondent. The

copy of the election petition which was served on the counsel of this respondent, had the

following statutory and legal defects:

(i). The copy of the election petition so served on the counsel of this respondent was not

containing any endorsement by the election petitioner in his own handwriting to the effect:- “

The copy of the election petition is attested to be true copy of the original election petition”

This being the essential and statutory requirement under Section 81(3) of the R.P. Act, 1951.

(ii). The copy of election petition so served on this respondent was not a clear copy and not a

fair copy, but marked copy at pages 7, 8, 9, 12, 13, 14, 15 and 16 of the Election petition.

(iii).

The

copy

of the election petition

so served

on this

respondent

was

not

containing signature

of the election petitioner on affidavit at page 18 and on verification at

pages 19 and 41. Thus, for these legal essential and statutory defects and for violation of

provisions of section 83(3) (c) of R.P. Act, 1951, this election petition is fit to be dismissed

outright.

(iv). That the election petition as well as contents therein are also fit to be rejected outright

because:-

(a). There is no verification to election petition as required under section 83 (1) (C) of R.P. Act,

1951.

(b). There are seven Annexures to the election petition but there is no affidavit and verification

attached after each annexure as required under section 83(2) of the R.P. Act, 1951. Thus, for

these statutory violation also this election petition is fit to be dismissed as there is /are no

valid affidavit and verification in support of the statement/documents attached in the

election petition for consideration in the election petition.

(v). That this respondent states that there is no material on the record of the case to show that

while presenting the election petition before Hon’ble High Court the Election Petitioner has

filed extra copy of election petition as per requirement under section 81(3) of the R.P. Act, 1951.

(vi). That the grounds taken in Election Petition NO. 11 of 2015, do not come within the scope

of section 100 of the R.P. Act, 1951, therefore, on this ground this election petition is not

maintainable.

(vii). That the Election petitioner has not been able to show valid grounds/reasons for filing the

present election petition.

(viii) That in view of the objections raised above about the maintainability of this election

petition, it is fit to be dismissed under Order VII, Rule 11 of the Code of Civil Procedure.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

(ix). That under provisions of the Representation of the People Act, 1950 read with the

Registration of Electors Rules, 1960 “the voter list” of an Assembly Constituency is revised time

to time by the Statutory authorities. Before preparation of voter list the statutory authorities

considers claims/ objections and then publish provisional voter list and then publish finally

voter list including/ deleting/addin any name. The entries in the voter list have statutory

presumption to be correct and valid, therefore, the same cannot be allowed to be challenged at

this stage. Apart from above, the petitioner is qualified to be member of Legislative Assembly

in view of Section 5(c) of R.P. Act, 1951.

(x). That all the statements made in the election petition, which are not specifically admitted

hereinafter, shall be deemed to have been denied by this respondent.

(xi). That in view of the objections already made in this written statement the election petitioner

is not entitled to challenge the election of this respondent as stated and claimed in paragraph- 1 of

the election petition.

(xii). That the statements made in paragraph 2 to 6 and 26 of the election petition to the extent

they are based on records, are not denied, but rest of the statements are not admitted rather

denied.

(xiii). It is stated that the nomination paper of this respondent was legally and correctly

accepted by the Returning Officer as valid as this respondent is qualified to be member of

Legislative Assembly in view of Section 5(C) of R.P. Act-1951. The Electoral Roll of 76,

Daltonganj Assembly Constituency, which was revised on 01.01.2014 as concerned date and

published on 31.07.2014. In the sad final Electoral Roll name of this respondent is at Serial

No.-1, having his age 25 years, having his residence Purab Tola, Majhigawan, P.S. Chainpur,

Post Office Pathara, District-Palamau, for 76, Daltonganj Assembly Constituency. Thus there

was no illegality in accepting nomination and Election of this respondent.

(xiv). That it is stated that entries in Voter List duly published by statutory authority

prepared under provisions of the Representation of the People Act, 1950 read with the

Registration of Elector Rules-1960 is final and cannot allowed to be challenged during and

after the election. The entries in voter list/electoral roll could have been challenged only

under provisions of the Representation of the People Act, 1960 read with the Registration of

Electors Rules, 1960 at the time of revision of Voter List/Elector Rolls and not otherwise.

Thus, this election petition is also not maintainable at all on the ground of age of this respondent,

which is as per voter list.

(xv). That it is also denied that the election petitioner and /or his election agent Madan

Tiwari raised any objection against acceptance of nomination paper of this respondent as

stated in paragraph 7 of the election petition. A part from there is valid affidavit and

documents in support of above statements about raising of said objection against acceptance of

nomination paper of this respondent. Moreover said objection was not legally tenable at all.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

(xvi). That the statements in paragraph 8 of the Election Petition about disqualification of this

respondent to contest the Election apart from being vague is not correct, hence denied. It is stated

that this respondent was fully qualified and competent to contest the Election in question as stated

above.

(xvii). That the statements made in paragraph 9 of the Election petition is false and incorrect,

hence denied. The statements made in paragraph-9 of the Election Petition are neither

supported by affidavit nor by verification. The Election Petitioner has also not enclosed any

document in support of above statements. It is denied that the election petitioner and his

election agent namely, Madan Tiwary raised any objection against acceptance of nomination

paper of this respondent or against qualification of this respondent to contest the election. It is

stated and asserted that this respondent was above 25 years of age at the time of revision of voter

list as well as at the time of start of election process.

(xviii). That the statements made in paragraph 10 of the election petition are totally false and

incorrect hence denied. The statements in this paragraph appears to be made after thought after

result of the election. The statements in this paragraph are repetition of earlier statements made in

paragraphs 7 to 9.

This respondent, instead of repeating the statements already made hereinabove reiterates the

statements already made in paragraph 19 to 23 of this written statement.

(xix). That the statements made in paragraph 11 to 17 of the election petition are not correct

hence denied.

(a). Before replying above statements this respondent states and submits that Annexure-1

to Annexure-6 enclosed to the Election Petition cannot be taken into consideration because each

of the Annexures were separately required to be supported by affidavit and verification as

provided under Section 83(2) of the R.P. Act, 1951. Since the Annexures 1 to 6 attached to the

Election Petition were not supported separately by the affidavit and verification, therefore, they

cannot be looked into or considered in this case.

(b). The Election petitioner has also not disclosed the source from where and when he has got

copy of above Annexure-1 to 6 attached to the election petitioner. Since the source of obtaining

above incorrect documents have not been disclosed by the petitioner in the election petition,

therefore, the above annexure-1 to 6 cannot be looked into and considered in this election

petition.

(XX). That this respondent further states that statements in paragraph 11 to 17 of election

petition and annexure 1 to 6 attached thereto contains incorrect and wrong date of birth of

this respondent as 15.02.1995 hence the same is denied that date of birth of this respondent is

15.02.1995. This respondent states and asserts that this correct date of birth is 15.02.1988. This

respondent was fully eligible and qualified to contest the election in question and all

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

objections of the election petitioner on that ground was false, incorrect and afterthought,

therefore, they are fit to be rejected.

In support of his date of birth as 15.02.1988, this respondent states as follows:-

(a). That on 16.05.2007 the guardian of this respondent for his admission in A.A. High School,

Guria Damar, Lesliganj, Palamau in Class-VIII has submitted an application disclosing his date of

birth as 15.02.1988.

(b). The admission register of A.A. High School, Guria Damar, Lesliganj, Palamau also

shows the date of birth of this respondent as 15.02.1988.

(c). The school leaving certificate dated 15.04.2008 by above school also shows the date of

birth of this respondent as 15.02.1988.

(d). When this respondent found that his date of birth has not been correctly recorded in his

some of the certificates, he applied for correction in the year, 2011-12 to Jharkhand Academic

Council, Ranchi.

(e). Letter No. JAC7229/12 dated 17.10.2012, Jharkhand Academic Council, Ranchi to the

Head Master of Giriwar High School, Daltonganj asking various documents for correction of

date of birth etc of this respondent. Accordingly, his all certificates were corrected by the

competent authority, Jharkhand Academic Council, Ranchi.

(f). The Secondary Examination Registration Slip issued by Jharkhand Academic Council

contains the date of birth of this respondent as 15.02.1988.

(g). Annual Secondary Examination-2010 Admission Card issued by Jharkhand Academic Council

also shows date of birth of this respondent as 15.02.1988.

(h). Marks statement of Annual Secondary Examination, 2010 issued

Jharkhand

Academic Council, Ranchi, also contains date of birth of this respondent as 15.02.1988.

(i). Provisional Certificate about passing of Annual Secondary Examination 2010 issued by

Jharkhand Academic Council, Ranchi including Migration Certificate also shows date of birth of

this respondent as 15.02.1988.

(j). Character Certificate issued by G.L.A, College, Medani Nagar, Palamau dated 08.11.2014 also

shows the date of the birth of this respondent as 15.02.1988.

(XXI). That the statements made in paragraph 19 and 20 of the election petition are not correct

hence denied. It is denied that this respondent was under age as his date of birth was

15.02.1995. It is stated and asserted that the date of birth of this respondent is 15.02.1988 and

he was not underage and he was above 25 years on 01.01.2014. This respondent also reiterates

the statements already made in paragraph-28 of this written statement. Accordingly, it is stated

that nomination paper of this respondent was validly accepted and his election from 76

Daltonganj Assembly Constituency is also legal and valid.

A rejoinder and replication on behalf of petitioner to the written statement of the

respondent has been filed on 08.01.2016 stating therein:

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

(a)

That as regards the statement made in paragraph 2 of the written statement filed by

the respondent to the extent that the present election petition no. 11 of 2015 is not maintainable

as it has been filed beyond the period of limitation is completely on distorted fact, in view of the

fact that prior to this, election petition no. 2 of 2015 had been filed before this Hon’ble High

Court, which was allowed to be dismissed as withdrawn with a liberty to withdraw the present

application for its proper representation before the Court as required under the law vide order

dated 06.02.2015 passed by Hon’ble Mr. Justice D.N. Upadhyay.

(b)

That in paragraph 27(i) of the written statement filed by the respondent, the

respondent has mentioned that on 16.05.2007, his guardian for his admission in Class VIII in

A.A High School, Guaria Damar, Lesliganj, Palamau had submitted an application disclosing

his date of birth as 15.02.1988. Also, the name of his guardian has not been mentioned. What

date of birth was recorded when he was admitted in Class-1. In any case, he has admitted

that he jointed Class VIII in academic session 2007-08. Also it has not been denied by the

respondent that he passed the Class-X examination in academic session 2009-10. His age in

the respective academic session from Class-1 to Class X with date of birth as 15.02.1988 and

15.02.1995 comes out as under:

SI No.

Academic

Session

Class

(Passing)

Age with date

of birth as

15.02.1988

15.02.1995

2009-10

2008-09

2007-09

VIII

2006-09

VII

2005-06

2004-05

2003-04

2002-03

III

2001-02

10.

2000-01

(c). That further a publication dated 22^ndJuly, 2014 on “Selected Information on school

Education in India 2011-12” by Sri B.N. Tiwari, Deputy Director General, Government of

India, Ministry of Human Resource Development Department of Higher Education, New Delhi

provides state wise information on various aspects of school education for a academic year. As

regards age for admission in pre-primary/age restriction, it provides as follows:

“Duration (In years) prescribed for pre-primary level/age restriction for admission to Class-1.

The minimum age of admission to Class-1 for primary school stage is generally 5 and

5+yeears or 6 and 6+ years in 20 states”

(d).

That still further, the Kednriya Vidyalay Sanghan (HQ), New Delhi has framed

guidelines for admission to its schools situated all over India. It prescribes the following

minimum and maximum age limits for admission in respective classes: “Eligible age for admission”

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

A child must be 5 years old as on 31 March, in the academic year in which admission is ought

for Class -1 (Child born on 1^stApril should also be considered).

A. The

minimum

and

maximum

age

limit

for

admission in Kendriya

Vidyalayas in various classes is given below:

Class

Minimum age on 31^st

March of the year in

which

admission

sought

Maximum age on 31^st

March of the year in

which

admission

sought

5 years

7 years

II.

6 years

8 years

III

7 years

9 years

8 years

10 years

9 years

11 years

10 years

12 years

VII

11 years

13 years

VIII

12 years

14 years

13 years

15 years

14 years

16 years

(e)…That the above submissions establish firmly that a student has to be in the age group of

14-16 years when he/she passes class-10^thexamination. As such, the respondent was of 15 years

of age when he passed Class-X examination in 2009-10 academic sessions and 22 years.

(f). That the alternation/change/correction made in the certificate of the Jharkhand

Academic Council, Ranchi are completely illegal as the same is against the principle enshrined in

the Jharkhand Academic Council Act and Rules without there being any basis, nor it has been

altered for clerical mistake, the same is also liable to be quashed/set aside by this Hon’ble

Court. The manner by which the respondent has his record change/replaced is liable to be set

aside by this Hon’ble Court.

(g). That as such, his date of birth is 15.02.1995 which has been altered illegally by

the authorities of the Jharkhand Academic Council, Ranchi.

(h). That the petitioner has enclosed photocopy of admission card for Annual

Secondary Examination 2010 (Roll No. 0298 with Reg. No. and year as 31044-13854-09 and

serial no. 3014675) issued by the Jharkhand Academic Council, Ranchi, Mark Sheet 10^th

May, 2010 of the Council, School Leaving Certificate issued by Giriwar Inter High School,

Medininagar Palamau, Registration Slip issued by Jharkhand Academic Council, Ranchi on

2009, the registration data copy of Jharkhand Academic Council, Ranchi, photocopy of

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

tempered admission register, transfer certificate of A.A. High School, Guriya Damar All this

documents indicates the date of birth of the respondent as 15.02.1995.

(i). That further a perusal of the relevant page of the tabulation register of

Jharkhand Academic Council, Ranchi for the Class X examination 2009-10 reveals that

his classmates which appeared and passed the said examination were of 15 years as

illustrated below:-

Roll

No.

Registration NO.

Name

Father Name

Date

Birth

0290

31044/13846/09

Anuj Kumar

Singh

Ayodhya

Singh

07.12.95

0291

31044/13847/09

Warish

Nayat

Md.

Alimuddin

Ansari

31.12.95

0292

31044/13848/09

Mithilesh

Singh

Bishwanath

Singh

12.08.95

0293

31044/13849/09

Purushotam

Kumar Singh

Krishna Murari

Singh

19.05.95

0294

31044/13850/09

Nankishore

Lakra

Amresh

Lakra

26.06.95

0295

31044/13851/09

Satyawant

Kumar

Ramnivas

Singh

27.10.95

0296

31044/13852/09

Vivek

Kumar

Ganuri

Paswan

03.10.95

0297

31044/13853/09

Manish

Gupta

HIranand

Prasad

Gupta

22.12.95

0298

31044/13854/09

Alok

Chaurasia

Anil

Chaurasiya

15.02.95

0299

31044/13855/09

Md.

Sarfaz

Ahmad

Dilmuhmmad

Ansari

19.02.95

0300

31044/13856/09

Rajeev

Ranjan

Ram

Lakhan

Ram

15.12.95

(j). That if his date of birth was 15.02.1988, he alone would be odd man out in his

class with 22 years of age which cannot be the case. Also, he was not a mentally

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

retarded/physically challenged child to have been admitted in the school at the age of 12

years. It clearly indicates that his date of birth is 15.02.1995.

(k). That the respondent has submitted that he got his certificates correct when he found that

this certificates correct when he found that his date of birth was not correctly recorded in some

of the certificates he applied for correction. This submission is not correct. It is not a case of

correcting but changing the date of birth from 15.02.1995 to 15.02.1988. The date of birth has been

changed to an earlier date by seven years with ulterior motives in mind. A correction is made when

there is a clerical error. However, this is not a case of clerical error but a well thought with a view to

become eligible for contesting the assembly election. He was required to follow the due process of

law in getting his date of birth changed and only then approached the Jharkhand Academic

Council, Ranchi for incorporating his new date of birth in their records/certificate. Since, the

respondent has not followed the law prescribed for the purpose, the changes made in his

certificate by the Council and subsequent inclusion of his name in voter list has not validly in law

and election contested on such voter identity is void.

(l). That it may be relevant to add that had the respondent born on 15.02.1988, he would

have completed 18 years of age on 14.02.2006 and got his name included in the voter-list in

2006/2007 and voted for his father who contested 2009 assembly election. But, the respondent

being born on 15.02.1995 was not eligible to get his name included in voter list even in 2009,

therefore, he did not apply for including of his name in the voter list at that time. He

completes 18 years in 2012.

It appears that on 08.01.2016, I.A. No. 100 of 2016 filed by the sole respondent with

Xerox copy of certain documents and it was ordered that this issue will be considered at

the time of final hearing.

Further, it appears that vide Order No. 14 dated 19.02.2016 I.A. Nos. 378/2016, I.A.

No. 350 of 2016, I.A. No. 851 of 2016 and I.A. No. 1000 of 2016 stood disposed of and

following issued were framed:

(i). Whether the election petition has been filed beyond 45 days challenging the

declaration of result of election dated 23.12.2014 from 76, Daltonganj Assembly Constituency,

therefore, not maintainable in view of Section 81(1) of the (3) Representation of People Act, 1951

(ii). Whether the present election petition is maintainable at all challenging the entries made

in final voter list prepared in accordance with the provision of the (3) Representation of

People Act, 1950 read with Registration of Electors’ Rules, 1950?

(iii). Whether the election petition was defective, therefore, fit to be rejected as there was

no verification to the election petition as required under Section 83(1)(c) (3) Representation of

People Act, 1950 ?

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

(iv). Whether the 7 (Seven) annexures to the election petition are fit to be ignored as there is

no affidavit and verification attached after each annexures as required under Sectiion 83(20 of

the (3) Representation of People Act, 1951 and also fit to be not considered as the source of those

annexures have not been disclosed.

(v). Whether the election petition contains concise statement of material facts or it is based

on vague, false, incorrect and distorted facts ?

(vi).Whether the sole opposite party is disqualified under Article 173(b) of the

Constitution of India read with Section 100(1) (a) (d) (1) of the (3) Representation of People Act,

1951, being under-age i.e. below 25 years on the date of publication of the final voter list i.e.

31.07.2014 on the date of filing of his nomination, the date of scrutiny as well as on the date of

declaration of the result i.e. 05.11.2014, 07.11.2014 and 23.12.2014 respectively.

(vii). Whether the Jharkhand Academic Council being a statutory authority, is legally

authorized to change the date of birth of the opposite party by a period of seven years at any

point of time and for any length of time without having any cogent evidence for the same?

(viii). Whether legality of the change in the date of birth of opposite party which has

accommodated him to file nomination declaring him to be above age of 25 years, can be

decided in this election petition ?

(ix). Whether the opposite party has or had intentionally got his date of birth in his

academic certificate changed from 15.02.1995 to 15.02.1988 only for the purpose of filing

his nomination to contest Assembly Election of 76, Daltonganj Constituency ?

It appears that I.A. No. 1517 of 2016 filed on behalf of the respondent on the maintainability

of the election petition on the ground that this election petition has been filed after expiry

of 45 days, and the said I.A. N. 1517 of 2016 was rejected vide order dated 18.03.2016.

It appears that I.A. No. 2355 of 2016 filed with a prayer to delete the issue nos. 7 and 9

and also for addition of two more issues described in para 11 of the interlocutory application

and under order dated 22.04.2016, prayer to delete the issue no. 7 was rejected and I.A. No.

2355 of 2016 was rejected.

In support of his case, election petitioner has examined as many as 11 witnesses which are

as follows:

Sl.

No.

Witness

No.

Name

witnesses

Date

Sheet

Exhibit

Marked

P.W. 1

Madan Tiwary

28.04.2016

1-2

P.W. 2

Sanjeev

Kr.

Tiwari

29.04.2016

1-2

P.W. 3

Krishna

Nand 06.09.2016

1-6

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Tripathi

Krishna

Nand 07.09.2016

7-8

Tripathi

P.W. 4

Chandrabali

Choubey

09.09.2016

1-8

1,2,3,4,5,6

P.W. 5

Dr. Jaigopaldhan

Dubey

09.09.2016

1-3

7,8,9,10

P.W. 6

Rajnikant Verma

16.09.2016

1-4

11, 12, 13,

Rajnikant Verma

17.09.2016

5-7

14 and 15

P.W. 7

Shanti

Kr.

Pandey

18.11.2016

1-3

18, 19, z-9

P.W. 8

Eugine Minz

18.11.2016

1-6

20, 21, 22,

23, 24, 25,

26 and 27

P.W. 9

Kaushal

Kr.

Dubey

06.01.2017

1-2

z-1,

z2, z-

3, z-4, z-5

and z-6

P.W. 10

Dhruv

Kr.

Pandey

06.01.2017

1-2

10.

P.W.11

Nandgopal

Tripathi

06.01.2017

1-2

z-7

That the following

documents

have been marked exhibited by the petitioner:

Exhibit No. 1

Original

copy

transfer

certificate of Alok Chourasia

from

Guriadamar

School

Leshilaganj (Kept in part v)

dated 09.09.2016)

1 sheet in T.C

(Ext-

Exhibit No. 2 y

for

identification

Letter

No.

177

(B)

dated

04/01/2016 of Giriwar inter

school Palamau (RTI Copy)

sheet

+13

sheets+1 sheet

Exhibit no. 3 &

for

identification

Seal and Signature of Head

Master

I/c

transfer

certificate of Giriwar +2 High

sheet

sheets

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

School, Medinanagar, Palamau

dated 09.09.2016

Exhibit no. 4

Guard

file

containing

T.C

documents from SI No. 638

to 725 of Giriwar High School

(kept

part

dated

09.09.2016

Guard file

Exhibit no. 5

School leaving certificate of

Giriwar High School bearing

SI No. 490 in bundle of

school

leaving

certificate

dated 09.09.2016

sheets

bundle

certificate

Exhibit no. 6

Admission Register of Giriwar

High School kept in part v

,blue

1.242 pages

dated 09.09.2016

One register

Exhibit 7

Letter

no.

GIA=G

248/15

dated 2/1/205 GLA College,

Medinaagar

dated

09.09.2016

7 sheets

Exhibit 8

Admission

Form

I.S.C

Sessions

2010-12

Alok

Chaurasia of I.S.C from

G.L.A.

College

Medininagar

dated 09.09.206

1 sheet

Exhibit 9

School

leaving

certificate

issued

Giriwar

High

School, dated 09.09.2016

1 sheet

Exhibit no. 10

Character

certificate

issued

Giriwar

High

School

cancelled

1 sheet

Z-10

for

identification

Photocopy

mark

statement

issued

JAC

dated 09.09.2016

1 sheet

Exhibit no. 11

Application

Alok

1 sheet

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Chaurasia

regarding

correction of D.O.B+ photocopy

of voter I.D dated 16.09.2016

Exhibit 12

Affidavit filed along

with

Exhibit

support of

D.O.B

Alok

Chaurasia

dated 16.09.2016

1 sheet

Exhibit 13

Receipt

rergarding

deposition

amount

Rs.

400 for correction of D.O.B

dated 16.09.2016

1 sheet

15.

Exhibit No. 14

Copy of Admission registers

attested by the headmaster

I/C Giriwar High Scool dated

16.09.2016

1 sheet

Exhibit 15

Letter No. JAC/RTI/976/16-

235/16 dated 17.03.2016 of

signature issued by JAC dated

16.09.2016 only signature

Same sheet of

exhibit 20

Exhibit No. 16

Note

sheet

file

no.

JAC/Palamau Kosang / 19494

/ 12 maintained in

JAC dated 17.09.2016.

Page 1 to 11

Exhibit No. 17 &

Z/7

for

identification

JAC/RTI/832/15-117/16

dated

12.02.2016

JAC

datd 17.09.2016

Page 21 to 34

Exhibit No. 18 &

for

identification

Memo

No.

202

dated

02.05.2016

received

from

information

officer-cum-

Deputy

Election

Officer,

Palamau

1 sheet

Exhibit

No.

19/1 to 19/2

Letter

No,.

203

dated

02.5.2016

with enclosures

V/o dated 18.11.2016

18 sheets

Exhibit No. 20

Letter

dated

17.03.2016

3 sheets

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

issued by Deputy Secretary

JAC v/o dated 17.09.2016

Exhibit No. 21

True

copy

the

original

page of register tabulation

JAC

dated

17.09.2016

2 sheets

Exhibit No. 22

True Copy of the original

page

list

candidate in the year, 2009

for annual examination 2010

dated 17.09.2016

2 sheets

Exhibit No. 23

Secondary

examination

registration slip 2009 issued

by JAC dated 17.09.2016

2 sheets

Exhibit 24

Original

admission

card

annual

secondary

exam-

2010 issued by JAC dated

27.09.2016

1 sheet

Exhibit no. 25

Original marked statement of

Annual

secondary

Exam-

2010 issued by JAC dated

17.09.2016

1 sheet

27.

Exhibit no. 26

Original provisional certificate

annual

secondary

examination 2010 issued by

JAC dated 17.09.2016

1 sheet

28.

Exhibit no. 27

Original passed certificate of

annual secondary examination

2010 issued by JAC dated

17.09.2016

1 sheet

Exhibit no. 28

Photostat

copy

the

attendance register or annual

secondary examination 2010

issued

JAC

dated

23,04,.2017

94 sheet

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

30.

Exhibit no. 29 &

Signature of Alok Chaurasiya

& Anil Chaursiya at the back

of Exhibit 8 dated 30.06.2017

Same sheet of

exhibit 8

Exhibit 31

Letter

dated

08.03.2018

received

from

I/C

Head

Master, Adiwasi Awasiya Uchha

Vidayalaya,

Guridamar,

Lesliganj 3.4.2018

1 Sheet

Exhibit 32

Letter

dated

12.03.2018

received

from

I/C

Head

Master, Adiwasi Awasiya Uchha

Vidayalaya,

Guridamar,

Lesliganj 3.4.2018

1 Sheet

10.

In support of his case, election petitioner has examined as many as 11 witnesses which are

as follows:

Sl.

No.

Respondent

witness

no/namely

Date

witness

No.

sheets

Kept at

Flag

01/Kashi Prasad

03.03.2017

24.03.2017

02/Surendra Kumar Verma

07.04.2017

03/Sachindra Pandey

05.05.2017

04/Raja KUwar

09.06.2017

05/Sunil Chourasia

09.06.2017

06/Shiv Shankar Prasad

09.06.2017

07/Ashesh

Chaurasia

30.06.2017

08/Bhism Prasad Chaurasia

30.06.2017

21.02.2018

26.02.2018

09/Alok

Kumar

Chourasiya

13.03.2018

@ Alok Chourasia

10.05.2018

18.06.2018

20.06.2018

10/Ramdip Ram

03.04.2018

11/Bishwanath Prasad

24.04.2018

02.05.2018

11.

Several documents have been mark exhibited on behalf of respondents which are as follows:-

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Exhibit No. A

Copy of the Election Petition

42 sheets

Exhibit No. B

Character certificate issued by GLA

College,

Daltonganj

8.11.2014

dated 09.09.2016

1 sheet

Exhibit No. C

Original Secondary Exam Registration

slip issued by JAC dated 17.09.2016

Secondary

1 sheet

Exhibit No. D

Admission Card of Annual Secondary

Exam 2010 dated 17.09.2016

1 sheet

Exhibit No. E

Original Mark statement for Annual

Secondary Examination 2012 issued by

JAC dated 17.09.2016

1 sheet

Exhibit No. F

Original

Annual

Secondary Exam

2010

issued

JAC

dated

17.09.2016

1 sheet

for

identification

Application of Madan Tiwari

1 sheet

Exhibit No. G

Original

admission-cum-Declaration of

guardian

form

relating

to the

student

Alok Chaurasiya

dated

03.03.2017.

1 sheet

Exhibit no. H

Entire serial no. 86 in the admission

1 sheet

Exhibit

No.

H/1

Entire Row of Ranjeet Kr. Singh in

exhibit 1 at SI No 43 red admission

the

school

v/dated

20.06.2018

IN exhibit

red

Exhibit

No.

H/2

Entire Row of Maharaj Kr. Singh in

exhibit 1 at SI No 90 red admission

the

school

v/dated

20.06.2018

In exhibit

red

Exhibit No. I

Admission

relates

the

year, 2007

Exhibit No. J

Certified copy of revised voter list

2004 part iv of Annexure1 of IA. No.

1969 /17 07.04.2017

2 sheets

Exhibit No. K

The horoscope 07.04.2017

1 sheet

Exhibit No. L

& L/1

Signature

Alok

Chaurasiya

Exhibit G

Same

sheet

exhibit G.

Exhibit No. M

Certified copy

& O/s certified of E.P.

2/15 v/o dated 26.02.2018

4+38

17.

Exhibit No. N

Certified copy of O/s certified of E.P.

10/15 v/o dated 26.02.2018

Exhibit No. O

Original

copy

application

for

information of JHC dated 01.04.2016

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

SI. 147 of copying deptt. JHC

Z-1

Attested copy of character certificate

v/o dated 06.0-9.2016 cancelled

20.

Z-2

Attested

copy

school

leaving

certificate issued by Giriwar interval

High School v/o dated 06.09.2016

Z-3

Secondary

Examination

Registration

Slip Reg. No. 3013854/09 JAC v/o

dated 06.09.2016

Z-4

Attested copy of Admission Card JAC SI

No. 3014675 v/dated 06.09.2016

Z-5

Attested copy of marksheet of Alok

Chaurasiya SI No. 251709

Z-6

Attested copy of Admission form of

Alok Chourasiya V/ dated 06.09.2016

Z-7

Letter

No.

JAC

RTI/832/15-117/16

dated 12.02.2016 received from JAC by

his brother Nand Gopal Tripathi v/o

dated 06.09.2016

Z-8

Letter

No.

976/16/235/16dated

17.03.2016 containing voter card of

Alok Chaurasiya v/o dated 06.09.2016

27.

Z-9

Letter No. 202 dated 02.05.2015 from

the office of D.E.O-cum-D.C Palamau

containing voter slip and voter list of

bhag no. 226 of 2009 v/o dated

06.09.2016

28.

Z-11

for

identification

Attested photo copy of proceeding

prepared by S.D.O Simdega R.W2 while

scrutinizing

the

nomination

paper

07.04.2017.

4 sheets

FINDINGS

12.

Issue Nos. 6, 7, 8 and 9 are interlinked hence, the same are being taken up and

discussed together.

13.

Election Petitioner Witness No. 3-Krishna Nand Tripathy: This witness has stated in his

examination in chief that he had received document from Giriwar Inter level School, Daltonganj,

Palamau through R.T.I,. his second P.W. Dhurv Narayan Pandey on my instruction received it

from the said school on 4^thJanuary, 2016, bearing letter No. 177b. The said letter contains six

documents which are as follows:

(i)

Copy of the Admission Register of 2008 of Giriwar High School.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

(ii)

Copy of Guard File of Transfer Certificates, two in number

(iii)

The certified copy of the Registration Data issued by the Jharkhand Academic Council.

(iv)

The certified copy of the Marklist of Alok Chourasia issued by the Jharkhand Academic

Council.

(v)

The certified copy of the School Leaving Certificate No. 490 of 2010 issued by the

Giriwar Inter-level School. He has stated that he identified these documents. These

documents are marked as ‘Y’ series for identification. This document I have received

from G.L.A. College, Medininagar, Palamau, through my P.A. Kaushal Kishore Dubey, which

is letter No. GLA-G-248/15, dated 2^ndJanuary, 2015, under R.T.I. Act which is an

information regarding Alok Chourasia. This contains six documents which are as follows:

(a) Attested Photocopy of Admission Form filled up by Alok Chourasia and counter

signed by his father Late Anil Chourasia on oath.

(b) Attested Photocopy of Character Certificate of Alok Chourasia issued by Giriwar

Intermediate High School.

School bearing No. 490 of 2010.

(d) Attested Photocopy of the marks statement of Shri Alok Chourasia bearing serial

No. 251709, Roll No. 0298, Registration No. 3104413854/09, Roll Code No.

31044.

(e) Attested photostat copy of the Admission Card issued by Jharkhand Academic

Council bearing serial No. 3014675, Registration No. 3104413854/09, Roll No.

0298, Roll Code 31044.

(f) Secondary Examination Registration Slip, Registration No. 3013854/09 issued by

Jharkhand Academic Council.

This witness has stated that all the aforesaid six documents bearing date of birth of Shri Alok

Chourasia as 15.02.1995.

14.

This witness has identified all these documents which have been marked as ‘Z’ series for

identification.

15.

He has stated that this is the document received from Jharkhand Academic Council

through R.T.I. This is letter No. 832/15/117/16 received by my brother Shri Nand Gopal Tripathi

which has been replied by the Council Authority contained in 24 pages. He has identified the

documents. Marked as ‘Z/7’ for identification. He has stated that this is letter No. 76/16/235/16

dated 17.03.2016, received by my brother Shri Nand Gopal Tripathi which contains three

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

pages i.e. voter identity card of Shri Alok Chourasia bearing No. KGV1703202 and affidavit

signed by none. (with objection) This witness has identified this document. Marked as ‘Z/8’ for

identification. He has stated that another bunch of documents received from the office of the

District Election Officer-cum- Deputy Commissioner, Palamau bearing letter No. 202 dated

2.5.2016 received by my brother Shri Nand Gopal Tripathi, which contains voter slip of Shri

Shailendra Chourasia bearing EPIC No. KGV1703202 Father’s Name Lal Bahadur Chourasia

and Voter list of Bhag Number 226 of year 2009 of village-Majhigawa, Block Chainpur,

Daltonganj, Palamau, which does not contain the name of Alok Chourasia. This relates to 76

Daltonganj Assembly constituency. (with objection)

16.

He has identified the same which has been marked as ‘Z/9 ’for identification.

17.

In his cross-examination this witness has stated that he was in politics since last 16

years. He ought four Assembly Elections in the past from Daltonganj itself. He won one

Assembly Election in the year 2009. He knew the procedure for preparation of the voter list. I had

not filed any objection against the inclusion of the name of Shri Alok Chourasia in the voter list of

Daltonganj Assembly Constituency. The witness again voluntarily states that he had not made any

objection against any name included in the voter list.

18.

This witness has identified that this is the copy duly signed by me which was served

upon the sole respondent Alok Chourasia in pursuance of the Court’s order. This is marked as

‘Exibit-A’. It is not written in this copy served upon the sole respondent that it is attested

to be true copy of its original. Pages No. 7, 8, 9 & 12 to 16 of this copy are marked

but presently I was not in a position to say that when I signed this document those pages were

marked or not. 19. This witness voluntarily states that he had signed all the four copies of the

Election Petition at the same time.

19.

This witness has stated that he had also filed one Election Petition against the sole

respondent but the same was presented by my Advocate and not by him personally. Accordingly,

with the permission of the Court, I withdrew the earlier Election Petition with the liberty to

file the fresh Election Petition and thereafter the present Election Petition has been filed. I don’t

remember the number of the Election Petition. I don’t know whether my Advocate had filed any

application for withdrawing the earlier election petition or the prayer was orally made.

20.

This witness has stated he did not remember the number of criminal cases mentioned by

me in my nomination paper which he had filed for contesting this election. he did not consider it

necessary to mention about the criminal cases lodged against me by one Mrs. Rekha Singh of Bokaro

and the other by the Vice-Principal of Secret Heart School Chiyanki, Daltonganj as the first case

was discharged by the Court finding no merit in the case and the other case was

compromised with the Vice Principal of the Secret Heart School, Chiyanki, Daltonganj.

21.

In question, whether it is a fact that the criminal case cheated against you by Mrs.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Rekha Singh is still pending and the warrant of arrest was issued against you, this witness has stated

that at the time of filing the nomination paper he was already discharged in the case by the

Court but pursuant to politically motivated revision filed against the said order before the

Sessions Judge, the matter has again been sent to the Court of Magistrate.

22.

Further, in question whether it is a fact that you had filed the nomination in the month of

November, 2014 whereas you were discharged on 23^rdof May, 2015 this witness has stated

that he was discharged in the said criminal case even on the date prior to the filing of the nomination

paper and on the date of filing the nomination paper I stood discharged from the criminal case, but

he don’t remember the date as to when I was discharged in the criminal case prior to filing of the

nomination paper. It is a fact that I was discharged in the criminal case, twice. This witness

has stated that he was not present at the time of scrutiny of the nomination papers of the

candidates. My election agent was present on my behalf. My election agent informed me

that at the time of scrutiny of the nomination papers of the candidates he had made objection

about the acceptance of the nomination paper of the sole respondent objecting his age but the

objection was not entertained by the Returning Officer.

23.

In cross examination, this witness has stated that his Election Agent, Shri Madan Tiwari,

had informed me about the objection made by him on the same day of scrutiny, in the

evening when we met. I did not make any complain about the wrong acceptance of the

nomination papers of the returned candidate to the District Election Officer, who is the

Deputy Commissioner of the District or to the Observer appointed by the Election Commission. The

witness voluntarily says that he became busy in the Election Process which kept him busy from

morning to night.

24.

This witness has stated that he made complain about the wrong acceptance of the

nomination paper of the returned candidate through my Election Agent after the counting of the

votes at about 9:00P.M. in the night due to which the declaration of the result was withheld

and ultimately the result of the returned candidate was declared at about 10:P.M. in the night.

Even at the time of counting I was not present. I have nothing to say about the presence of the

Election Observer and about the videography of the scrutiny as well as the counting process.

25.

This witness has stated that he has nothing to say about the fact that the nomination

is filed on the basis of the final voter list and scrutiny is also done on the same basis.

26.

This witness has stated that he has no idea as to when the final voter list of Daltonganj

Assembly Constituency for Election of the year 2014 was published.

27.

This witness has stated that he has cordial relationship with the late father of Late Sri Alok

Chourasia. I had also visited the house of Sri Alok Chourasia to pay my tributes to the dead body

of the father of Sri Alok Chourasia. The witness volunteers to say that there only for the first time he

came to know that Sri Alok Chourasia was a minor. There were hundred available there when the

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

dead body of the late father of Sri Alok Chourasia was kept in the house and there was a

general talk amongst the people that his elder son i.e. Sri Alok Chourasia was still a

minor. I cannot specifically name the person who had informed me about the minority of Sri Alok

Chourasia. It was on 16th of June, 2012 at day time I had visited the house of Sri Alok Chourasia to

pay tribute to his late father at his village home. I had no personal knowledge about the date of birth

of Sri Alok Chourasia accept the knowledge derived from the certificate.

28.

This witness has stated that the contents of the Election Petition before filing the same in the

High Court. He has not stated in the Election Petition that the documents enclosed with the Election

Petition were obtained under R.T.I. The witness volunteers to say that he had received all the

documents under R.T.I. It is not the fact that I have obtained after framing of the issues in this matter.

29.

It is not a fact that I have not made any statement in my Election Petition which I have

stated in paragraph-7 of my Examination in Chief.

30.

This witness has stated that it is not a fact that I have not made any statement in my

Election Petition which I have stated in the first four and half lines of paragraph-8 of my

Examination in Chief.

31.

This witness has stated that it is a fact that the statements made in first fourteen and half

lines of paragraph -9 of my Examination in Chief are not stated in the Election Petition. The

witness volunteers to state that this statement has been made in paragraph-9 of my Examination in

Chief after the information was collected by me upon going through the written statement filed on

behalf of the sole respondent.

32.

This witness has stated that similarly, most of the statements made in paragraphs 10

to 19 in my Examination in Chief are also not stated in the Election Petition as these statements

have been made after the information were collected by me upon going through the written

statement filed on behalf of the sole respondent.

33.

This witness has stated that it is not a fact that I have falsely stated that I have derived most

of the information after going through the written statement filed on behalf of the sole

respondent.

34.

This witness has stated that there was a difference of about four thousand votes between

the number of votes of the returned candidate and himself.

35.

This witness has stated that he it is not a fact that only in order to fill up the lacunae in

my Election Petition I have stated new facts in my deposition and have brought additional

documents.

36.

This witness has stated that it is not a fact that since I have lost the Election I have filed the

Election Petition with false statement and given the false evidence.

37.

Election petitioner witness No. 1-Madan Tiwary, who evidence in examination in chief

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

has been filed on affidavit in which it has been stated that Shri Alok Chourasia was

disqualified from contesting the election since he was underage being less than 25 years of age.

This witness has stated in examination-in-chief on oath that on 07.11.2014 he has created

scrutiny of the said Assembly in the office of Returning Officer- cum.-S.D.O, Daltonganj. He

was the Election agent of election petitioner K.N. Tripathy, who was the member of Congress

Party. He has stated that he produced the photocopy of school leaving certificate and character

certificate of Alok Chourasia to the Returning Officer, but he refused to accept, in which the

date of birth of Alok Choursiya was 15.02.19965. He has made objection that the age of the Alok

Chourasiya is below 25 years. This witness has stated that he has made written objection. He has

proved the writing and signature on the objection letter on which Returning Officer has signed but

he cannot say the name of Returning Officer.

38.

In cross-examination, this witness has stated that he is working as Advocate since thirty

years. He has knowledge of law. He has stated that he has no knowledge that he became the

election agent of Krishna Nand Tripathy, filed or not. He has stated that he was four times observer

and in the said election, he was also observer. This witness has denied the suggestion that on

being the election agent four times, he is giving evidence in favour of Krishna Nand Tripathy.

39.

Election Petitioner Witness No. 2 Sanjeev Kumar Tiwary, has stated that he was

member from the Jharkhand Mukti Morcha from Daltongaong-Chainpur-Bhandariya Legislative

Assembly. He has stated that the election Agent namely of Krishnand Tripathy, namely, Madan

Tiwary was making objection with regard to birth certificate. In cross- examination this witness

has stated that the date of notification of election is not in his knowledge and how many

candidates were there in the said election, he has no knowledge.

40.

Election Petitioner witness No. 4: Chandrabali Choubey working as Incharge Headmaster,

Giriwar High School, Daltonganj, Palamau has stated in Examination in Chief, on oath that he had

received the summons for bringing some documents in Court in pursuance of which I am present

in the Court. He has stated that the transfer certificate issued in favour of the student Alok

Chourasia, Son of Sri Anil Chourasia, showing his date of birth as 15.02.1988. This certificate

has been issued by the Headmaster of Adivasi Awasiya Uchch Vidyalaya, Guriyadamar,

Lesliganj, District-Palamau, which was received in my school. I am posted as Incharge

Headmaster in the school since March, 2015. In this transfer certificate the date of admission of

the student in the previous school has been shown as 16.05.2007 and the date of leaving the

school is shown as 15.04.2008. At the time of leaving the school the student was studying in

class-IX. The reason for leaving the previous school was shown as the guardian’s desire. In

normal course of the transaction of the administration of the school this transfer certificate has

also been maintained in the Guard file of the school, which I identify. The transfer certificate

has been marked as Exibit-1.

41.

This witness has stated that this letter No. 177(B) dated 4.1.2016 addressed to Sri

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Dhruv Narayan Pandey supplying him six documents under the R.T.I. is in my pen and signature,

which I identify. Letter marked as Exibit-2.Along with the letter which he had identified as Exibit-2,

I had also supplied the photostat copy of another transfer certificate of Sri Alok Chourasia,

issued by the same school on 15.04.2008. This photostat copy also bears my signature and

seal, which he identified.

42.

The seal and signature of the witness has been marked Exibit-3. This witness has stated

another transfer certificate dated 15.04.2008 on which he had identified my seal and signature is

presently not available in the guard file of the school.

43.

He did know as to how the original of the aforesaid transfer certificate is missing from

the guard file, but at the time of supplying the documents under the R.T.I. the said certificate was in

the same guard file.

44.

This witness has stated that this guard file, from which I have identified Exibit-1, is

maintained in my school in the normal course of administration.

45.

This guard file is of the year 2008 showing serial Numbers 638 to 725. In this

guard file the documents maintained at Sl Nos. 708, 715 and 721 are missing. I identify the

guard file. The guard file has been marked Exibit-4.

46.

This witness has stated that this school leaving certificate has been issued by him school

i.e. Giriwar Interlevel High School, Medninagar, Palamau, which bears serial No. 490 of the

year 2010 and it relates to the student Alok Chourasia. Mother’s name – Usha Devi and

Father’s name Anil Chourasia. This certificate shows the date of birth of the student as

15.02.1995, both in digits and words.

47.

This certificate has been issued under the seal and signature of Smt. Maya Verma,

the then Headmistress of the school, which I identify. I also identify the signature of the Clerk Sri

Arjun Prasad in the said certificate. Both Smt. Maya Verma and Sri Arjun Prasad have since

retired. Certificate marked as Exibit-5.

48.

This witness has stated that the admission register of the school for the year 2007 and

2008, which contains 245 pages. In this admission register the name of Sri Alok Chourasia

appears at serial 707 showing that Sri Alok Chourasia showing admission in this school on

01.05.2008 in Class-IX.

49.

In this admission register the date of birth of Sri Alok Chourasia has been shown as 15^th

February, but the year of birth is erased. The S.L.C. number has been shown as 490 of 2010.

The normal entries in this register regarding Sri Alok Chourasia is in the handwriting of the

then Clerk of the school Shri Arjun Prasad, since retired, whose handwriting I identify.

50.

In page number 187 the date of birth of the students are written in a different

handwriting and in the columns in which they were not required to be written.

51.

He has stated that he did not identify the handwriting in which the date of birth in words

are written. This page also shows that the year of birth of other students except Sri Alok

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Chourasia varies from the year 1994 to 1996. I identify the normal entries made in the

the signatures of the then Head master of the school Sri Harihar Singh, except the entries about the

date of birth which he does not recognize.

52.

He also identified the admission register which is maintained in the school in course of

normal business of the school.

53.

In cross-examination, this witness has stated that he received the summons from this Court

to appear as witness on 7.09.2016 at 4:30 P.M. in the school.

54.

The official documents of the school are usually kept in the school but not under my lock and

key.

55.

This witness has stated that he did not remember the date of retirement either of Smt.

Maya Verma or of Sri Arjun Prasad.

56.

He does not identify the handwriting on the coverpage of the guard file. The

documents maintained in this guard file (Exibit-4) are old documents and some of them are in

torn condition. The numbering of the documents kept in the guard file is made by the clerk of the

school.

57.

This witness has stated that he did not had any knowledge to the fact whether any correction

in the date of birth as mentioned in Exibit-5 was subsequently made.

58.

This witness has stated that he did not come from Daltonganj either with the Election

Petitioner or any of his associates.

59.

This witness has stated that in the admission register (Exibit-6) the entry regarding the year

of birth of Sri Alok Chourasia is erased but by its side the date of birth is written as 15.02.1988, both

in digits and in words.

60.

The entries regarding the dates of birth in words of the students in pages 187 and 189 of the

admission register (Exibit-6) are in the same handwriting. The last entry in this admission register is

at page 189.

61.

There are three clerks working in the school and they maintain the documents of the

school, including the admission register. The documents which I have proved in the Court were

not written in my presence.

62.

Election Petitioner Witness No. 5 Dr. Jaigopal Dhar Dubey working as Professor

Incharge in Ganesh Lal Agarwal College, Daltonganj has stated in examination in Chief, on oath

that the letter has been issued in the signature of Sri Amal Kumar Pandey, who is the

Information Officer under the R.T.I. Act in my college, my which certain documents were supplied

to Sri Kaushal Kishore Dubey under the R.T.I. Act on 02.01.2015. I identify this letter which is in

usual course of official business of the college and is under the signature of the Information officer

of my college. Letter marked as Exibit-7.

63.

This witness has stated that the admission form is of his college relating to Sri Alok

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Chourasia, bearing Form No. 3089, relating to his admission in I.Sc. of session 2010-2012. In this

admission form the applicant has filled up his date of birth as 15.02.1995.

64.

This admission form also bears the photograph of Sri Alok Chourasia. This admission form

also bears the signature of Sri Alok Chourasia, which he identified. The column of signature of

guardian bears the signature of Anil Chourasia but he did not identify the signature. This admission

form is maintained in the usual course of business of the college and I identify the same.

Admission Form marked Exibit-8.

65.

This witness has stated that the school leaving certificate issued by Giriwar Interlevel High

School, Medininagar, Palamau, bearing No. 490 of 2010, relating to Sri Alok Chourasia. In

this school leaving certificate the date of birth of Sri Alok Chourasia is mentioned as

15.02.1995, both in digits and words.

66.

This school leaving certificate was submitted in my college at the time of admission of

Sri Alok Chourasia, which is maintained in his college in usual course of business of the

college and I identify the same. The school leaving certificate is marked as Exibit-9.

67.

This witness has stated that he did not the Character Certificate of Sri Alok Chourasia,

issued by the same school and submitted by Sri Alok Chourasia at the time of admission in this

college, alongwith the admission form. In this certificate the date of birth of Sri Alok

Chourasia is mentioned as 15.02.1995 and his mother’s name has been shown as Smt. Usha Devi

and Father’s name is shown as Sri Anil Chourasia.

68.

This character certificate has been cancelled in my college, so that it cannot be reused.

He identified the Character Certificate which was also submitted along with the admission form

and is maintained as a record in the usual course of business of the college, which I identify.

Character Certificate marked as Exibit-10.

69.

This witness has stated that along with the admission form Sri Alok Chourasia had also

attached the photostat copy of his marks statement, issued by Jharkhand Academic Council,

which also contains his photograph and the date of birth is 15.02.1995. This marks

statement was compared with its original

the

time

admission.

The

copy

of the marks statement is marked as ‘Z-10’ for identification.

70.

In cross-examination this witness has stated that he has to come to depose before this

Court on the summons issued by this Court. I became the Professor Incharge in the college in

March, 2012. I was not the Professor Incharge in the college at the time of admission of Sri Alok

Chourasia.

71.

The admission form (Exibit-8) was not filled up in my presence. This character certificate

has been issued from my college and it has been signed by Sri D.C.Dubey, who is the

Bursar of the college and he has put his signature on behalf of Professor Incharge. I identify his

signature. In this Character Certificate the date of birth of Sri Alok Chourasia is mentioned as

15.02.1988 and the character certificate has been issued on 8.11.2014. This character certificate

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

has been issued in normal course of the business of the college and he identified the same. The

Character Certificate marked as Exibit-‘B’. He does not know on what basis the character certificate,

(Exibit-B) was issued.

72.

Election Petitioner No. 6:- is Rajnikant Verma working as Secretary, Jharkhand Academic

Council, Ranchi has stated in Examination in Chief, on oath has stated that there is a provision

for accepting and considering the applications for change of date of birth of the examinees who

had appeared in the examination conducted by the Jharkhand Academic Council, within five years

of the sessions in which he or she had appeared in the examination.

73.

This provision was made in Bihar School Examination Board, by communiqué number 38

of 1996 whereby the Bihar School Examination Board’s communique No. 30 of 1996 was

partially modified, which after the bifurcation of the State is being followed by the

Jharkhand Academic Council also. He cannot produce the original communiqué number 30

of 1996 issued by the Bihar School Examination Board.

74.

This witness has stated that the application in original submitted by the applicant Alok

Chourasia for change of date of his birth which was received in the office of Jharkhand Academic

Council on 28.08.2012 and it bears the signature of the Jharkhand Academic Council also,

acknowledging that it was received on 28.08.2012. It also bears the counter signature of O.S.D.

of the Academic Council, Sri Shivcharan Marandi, which he identify. He identify this document

which has also been maintained in the office of the Jharkhand Academic Council in usual course

of business. Marked Exibit-‘11’. Alongwith this document two documents were attached by way of

proof of date of birth i.e. photocopy of voter I.D. card bearing number KGV1703202 and an

affidavit in support of date of birth.

75.

This witness has stated that the other document i.e. the affidavit in original in support of

date of birth which was filed alongwith the application does not bear either the signature of the

L.T.I. of the deponent. He identify this affidavit in original which was filed alongwith the

application (Exibit-11) and maintained in the office of the Jharkhand Academic Council in

ordinary course of business. Affidavit marked Exibit-‘12’.

76.

This witness has stated that this is the counter foil issued by the Bank of India, Namkum

Branch, Ranchi and relating to Jharkhand Academic Council, showing the deposit of Rs.400/- for

correction by the applicant Alok Chourasia. This counter foil is also maintained in the office

of the Jharkhand Academic Council in normal course of business, which he proved and Marked

as Exibit-‘13’.

77.

This witness has stated that when an application is made for change of date of birth in

the prescribed fee is paid, the Jharkhand Academic Council calls for the photostate copy of the

concerned page of the Admission Register duly signed by the Headmaster of the concerned school as

also the concerned District Education Officer.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

78.

In the present case also the photostate copy of the Admission Register relating to Alok

Chourasia was received which is attested by the concerned I/c Headmaster of the school, and it

also bears the signature of the concerned District Education Officer. This document does not bear

the signature of the District Education Officer near the date of birth of the student. This is the said

document received from the school and which is maintained in the officer of the Jharkhand

Academic Council in ordinary course of business and I identify this document. Marked Exibit-

‘14’. (With objection).

79.

This witness has stated that document bearing letter No. JAC/RTI/976/16-235/16 dated

17.03.2016 has been issued from Jharkhand Academic Council under the signature of the

Deputy Secretary of the Council namely Sri E. Minz, whose signature I identify. The other

handwritings in the letter I am not able to identify. Signature marked Exibit-‘15’.

80.

This witness has stated that the application for change of date of birth of Alok Chourasia

was allowed by the Chairman of the Jharkhand Academic Council on the basis of the

documents called for from the concerned school. The file shows that there is an order of the

Vice Chairman of the Jharkhand Academic Council on 18.01.2014 for re-enquiry in the matter.

The file shows that there was no re-enquiry in the matter.

81.

This

witness

has

stated

that

can

produce

the

file

No. JAC/Palamau

Koshang/Ma./19494/12. I cannot tell right now whether there is any employee named Dilip in

Jharkhand Academic Council. The original of the tabulation register is available in the Jharkhand

Academic Council.

82.

In Cross-Examination, this witness has stated that he had joined in Jharkhand Academic

Council on 05.07.2016. He gathered the application for correction in date of birth was submitted

on 28.02.2012. This witness has stated that h in relation to the Exhibit 14, He told that

the signature of the concerned District Education Officer is required to be taken at only on

place.

83.

In Cross-examination on behalf of the election petitioner, he has stated that I do not

identify the signature written as K.K. R and the adjoining signature on the note. This witness has

stated that Exhibit “C” to F which he had proved, contain the date of birth of Alok Chourasia

after correction. The earlier original certificates should be available in the office of the Jharkhand

Academic Council.

84.

Election Petitioner No. 7 Shanti Kumar Pandey has stated in his examination in chief

that he was working as District Panchayat Raj Officer at Palamau. He was incharge of Deputy

Election Officer, Palamau. He has received the Dasti Summons from this Court. This witness

has proved the letter which has been marked as Exhibit 18. This witness has proved the letter

with two enclosures in separate sheets which has been marked as Exhibit 19, 19/1. This witness

has stated that EPIC number which is once allotted to a voter, shall always remain the same.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

85.

In cross-examination, this witness has stated that he has not having the receipt to show the

deposit of the prescribed fee before issuing the l the letter contained marked as Exhibit 19 series but

the receipt is in his office. IN the letter, marked exhibit 19 it is not mentioned that the

prescribed fee for supplying the information had been realised. Presently, looking into exhibit-19

series, I cannot say whether this whether this information was supplied to the person concerned

hand to hand or dispatched to his address through post.

86.

Generally the information in shape of a document is supplied by supplying the Photostat

copy of the same duly certified by him under the seal and signature. The documents marked

exhibit 19 series are attested by him under his signature. The documents proved as Exhibits 18

and 19 series do not bear any seal of his office.

87.

Election Petitioner Witness No. 08-Eugine Minj has stated in his examination-in-Chief that

he was working as Deputy Secretary, Jharkhand Academic Council, Ranchi. This witness has

stated that letter already marked as Exhibit 17 has been issued under his signature and it bears

the signature of Assistant of his office also.

88.

This witness has proved the letter dated 17.03.2016 which has been marked as Exhibit

20. This witness has proved original page of register bearing Roll No. 0298, Roll Code 31044

relates to Alok which has been marked as Exhibit 21. This witness has produced the true Photostat

copy of the relevant page of the original register, which was marked as Exhibit 22. Original

Secondary Examination registration slip issued to the candidate Alok Chourasia by Jharkhand

Academic Council Ranchi, which has been marked as Exhibit 23. This petitioner has proved

the original admission card of annual secondary examination, 2010 issued by Jharkhand

Academic Council, Ranchi which has been marked as Exhibit 24.

89.

In this admission card also the date of birth of the candidate was originally mentioned

as 15.02.1995, which was subsequently corrected to 15.02.1988. The original marks- statement

of 2010 Annual secondary examination issued by the Jharkhand Academic Council Ranchi to the

Candidate Alok Chourasia was marked as Exhibit 25.

90.

This witness has proved the original provisional certificate of the candidate Alok

Chourasia issued by Jharkhand Academic Council, Ranchi which has been proved as marked

Exhibit 26. . The original certificate issued by Jharkhand Academic Council to the candidate

Alok Chourasia certifying that he passed the 2010 Annual Secondary Examination, was proved and

marked as Exhibit 27.

91.

In cross-examination, this witness has stated that Exhibit 21, the date of birth of the candidate

Alok Chourasia was corrected from 15.02.1995 to 15.02.1988 by the order of the Chairman,

passed in the concerned file. He has further stated that there is no rule in the Jharkhand

Academic Council to the effect that the correction in the date of birth is necessity to be made

within fifteen days only. Further, he has stated that if a corrected certificate is issued to the

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

candidate after the change in the date of birth it is not necessary to mention the earlier date of

birth in the corrected certificate. In case of issuance of the fresh corrected certificate, the

certificate is issued showing the same date, on which the earlier certificate was issued.

92.

Election Petitioner Witness No. 9-Kaushal Kishore Dubey has stated that he had applied

for six documents from G.L.A college, Medininagar Palamau which were supplied to him vide

letter dated 2.1.2015. This witness has proved the photocopies of the documents marked Z-1 to

Z-6 for identification and states that these are the Photostat copies which were supplied to him,

which he handed over to the election petitioner.

93.

In cross-examination, this witness has stated that he was working as Personal Secretary

of the Election petitioner since the year, 2010. He had handed over the documents to the election

petitioner prior to the filing of the election petition. The witness again states that he does not

remember whether he had handed over those documents prior to filing of the election petition or

after that. This witness has stated that, it is not a fact that he had handed over more documents to the

election petitioner than those six documents, which he had received from the college under the RTI

Act. Those documents he had taken under the RTI Act under the instruction of the election

petitioner after the election, he do not remember the date when he was instructed to get those

documents under the RTI Act.

94.

Election Petitioner

Witness No.

Dhruv

Kumar Pandey

has

stated

his

examination-in-chief that under the instruction of the election petitioner, he had obtained some

documents under the RTI Act from over Giriwar Inter College, Medninagar. The witness

identifies Exhibit-2 and states that this is the letter, through, which, he was supplied the

documents under the RTI Act from Giriwar Inter College, Medinagar. The witness identifies the

Photostat copies of the documents earlier marked for identification s Y to Y/5 and states that these

are the documents, which were supplied to him under the RTI Act. After getting those documents,

I had handed them to the election petitioner.

95.

In cross-examination, this witness has stated that he was working as personal secretary

of the election petitioner since 2010. He does not remember the date when he was instructed by

the election petitioner to get the documents under the RTI Act. He was instructed to get the

documents under the RTI Act but as the result of the election, but he does not remember whether the

instructions was given prior to filling the election petition or after that. I do not remember the date

when I had filled the application under the RTI Act for getting the documents. He does not

recollect all the documents that I was instructed to get under the RTI Act.

96.

In the letter dated 04.01.2016 (Exhibit-2), there is no mention of two transfer certificates,

but in Act, he was supplied two transfer certificates, but in fact, he was supplied two transfer

certificates. It is not a fact that he was not supplied two transfer certificates.

97.

Election Petitioner Witness No. 11 Nand Gopal Tripathi The witness identifies exhibit 17 and

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

stated that this is the letter through which he was supplied the documents under the RTI Act from

Jharkhand academic Council. The Witness also identified the documents marked Z/7 for

identification and states that these were the documents which were supplied to him under the RTI

Act.

98.

The witness identified exhibit 20 and states that this is the letter to which also he was

supplied some documents under the RTI Act from Jharkhand Academic Council, Ranchi. The

witness also identifies that two documents attached with Exhibit-20

(Marked

Z/8

for

identification) and states that these are those documents which were supplied under the RTI Act.

99.

The witness identified Exhibit-18 and states that this is the letter to which he was supplied

and the document in 33 pages from the office of the District Election Officer cum deputy

Commissioner, Palamau under the RTI Acct. The witness also identifies Exhibit19, 19/1 and

19/2 and states that these are the documents which have been supplied to him under the RTI Act

along with Exhibit-18. After getting the documents, he handed them over to the election petitioner.

100. In Cross- Examination this witness has stated that the election Petitioner is the Elder Brother.

He was along with him in the Election Process. He does not remember whether prior to filling

of the election Petition he had asked me to get the documents under the RTI Act, which he has

identified today, or he had asked him to get the documents after filling of the election

petition. It is not the fact that only to fill up the lop holes left in the election Petition he was

instructed to get the documents under the RTI Act much after filing of the election petition.

101. Learned counsel for the respondent relied on following witnesses:

102. Respondent Witness No. 1 Kashi Prasad has stated in his examination in chief that he was

working as the Headmaster of A.A. High School, Guriadamar since 2^ndJanuary, 1983. For

admission in his school, there is an admission form as also a declaration form by the

guardian. He was asked in the Dasti Summons issued by this Court to bring two documents,

which he has brought with me today. This witness has stated that on 16.5.2007 Sri Sunil

Chaurasiya, who claimed to be the guardian of Alok Chaurasiya had submitted an admission-cum-

declaration of guardian form for admission of Alok Chaurasiya in the school.

103. This witness has stated on the basis of that admission-cum- declaration of guardian

form the student one Alok Chaurasiya was admitted on school on 16.5.2007 vide serial No. 86 in

the Admission Register of that period.

104. This witness has stated that in the normal course of the business of the school, the

admission-cum- declaration of guardian forms are maintained in the school.

105. This witness has stated that in this admission-cum- declaration of guardian form, the date

of birth of Alok Chaurasiya is mentioned as 15.2.1988. This witness has stated that this is the

Admission Register of the relevant period, in which, at Serial No. 86, the name of Alok Chourasia

finds mentioned showing that he had taken admission.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

106. This register is also maintained in my school in the normal course of business. The

entry at Serial No. 86 relating to Alok Chourasiya is in the handwriting of Sri Satyanarayan

Prajapati, who was working as Assistant Teacher in my school and I identify this

writing.[Entire Serial No. 86 in the register marked Exhibit-H].

107. This witness has stated that in the admission register also, the date of birth of Alok

Chaurasiya is mentioned as 15.2.1988 on the basis of the admission-cum- declaration of guardian

form.

108. This witness has stated that Alok Chaurasiya left my school on 15.4.2008 vide T.C. No. 60,

which is also mentioned in the Admission Register itself.

109. This witness has stated that this Admission Register relates to the year 2007 and it

contains 38 pages. I identify this Register. [Marked Exhibit-I].

110. This witness has stated that this School Leaving Certificate has been issued from my

school and it also bears my signature. I identify this certificate, which is already marked Exhibit-1.

111. In cross examination this witness has stated that his date of birth is 20.9.1956. I was

appointed in the school on 2^ndJanuary, 1983 and I am working as founder Headmaster of the

school since then.

112. This witness has stated that Sri Ramdip Ram was never the Headmaster of the school

prior to him. My school is a Government Aided School. I have not brought my appointment letter

today as there was no such instructions in the Dasti Summons. After attaining the age of 60

years, I have been allowed by the governing body of the school to continue as

Headmaster, but I have not brought that document also, as there was no such instructions in

the Dasti Summons.

113. Respondent Witness No. 2:-Surendra Kumar Verma has stated that at the time of the

Assembly Elections of the year 2014 I was posted as Sub-Divisional Officer at Daltonganj and in that

capacity I had worked as Returning Officer of 76 Daltonganj Assembly Constituency.

114. The Deputy Commissioner of the District used to be the District Election Officer of the

concerned Election Constituency. An observer was also appointed for this Election Constituency

by the Election Commission of India. I had scrutinized the nomination papers of the candidate

fighting the said election in the capacity of the Returning Officer and in presence of the

Observer and the concerned candidate or his Election Agent. While scrutinized the nomination

paper of the candidate Alok Chourasia I had not received any objection against the same.

115. This proceeding which is in attested photocopy was got prepared by me. Marked-Z-11,

for identification. In the proceeding the present candidate or their election agents and the

observer had also put their signature. This witness has further stated that at the time of

accepting the nomination of the candidate the name and age of the concerned candidate are tallied

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

from the voter list the name of the proposer is also tallied from the voter list.

116. This witness has further stated this is the certified copy of the voter list of the year

2014 which also contains the name of the candidate Alok Chourasia. Marked as Exhibit-J. In the

voter list the age of eligibility of the persons mentioned in the voter list is 01.01.2014 and the

age of the candidate Alok Chourasia is mentioned as 25 years. I had accepted the nomination

paper of Alok Chourasia after finding it in accordance with law.

117. In Cross-Examination this witness has stated that this Exhibit –J, is the revised voter list

published in the year 2014. The process of revision was started some times in the year 2014 and it

was published in the month July, 2014. The witness had earlier started that the process of revision

started some times in June, 2014 but again he stated that he is not sure about it. The voter list is

prepared under the supervision of the District Election Officer. I was involved in the process of the

revision of the voter list but I had no knowledge as to when the name of Sri Alok Chourasia was

entered in the voter list. The house number of Alok Chourasia is not mentioned in the voter list

though it is mentioned in the name of other persons. I am not in a position to say whether the age

of any person mentioned in the voter list is on the basis of any age proof or not.

118. This witness has further stated whatever I have deposed before this Court except about

Exhibit-J, I have deposed on the basis of my memory.

119. Respondent Witness No. 3:-Sachinand Pandey has stated that I had prepared the

Horoscope of Alok Chourasiya. This is the Horoscope of Sri Alok Chourasiya, which was

prepared by me and it is in my handwriting, which I identify. The Horoscope is marked as

“Exhibit-K”.

120. This witness has stated that according to this Horoscope the date of birth of Sri Alok

Chourasiya is 15.2.1988, according to English Calender, corresponding to Samwat 2044 Krishna

Paksha Falgun Trayodashi, according to Hindu Calender.

121. In Cross-Examination this witness has stated that he does remember as to whose elses

Horoscopes I have prepared in the family of Sri Alok Chourasiya.

122. This witness has stated that Sri Alok Chourasiya’s grand-father were two brothers Late

Ramjanam Mahto and Late Munsaf Mahto. Now they have changed their title to Chourasiya. Late

Ramjanam Mahto had two sons, who are Sri Ram Lav Chourasiya and Sri Suresh

Chorasiya. Late Munsaf Mahto had six sons, out of whom two are dead and four are alive. Father

of Sri Alok Chourasiya was the fourth son of Late Munsaf Mahto, who is also dead. I have

prepared three to four Horoscopes of the family of Sri Alok Chourasiya, but I do not remember

those names.

123. This witness has stated that I had prepared the Horoscope of Sri Alok Chourasiya after

about five to six months of his birth. Prior to that I had also prepared the Tippan of Sri Alok

Chourasiya. This Horoscope does not contain my signature nor it contains the date, on which it

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

is prepared. My grand- father also used to prepare Horoscopes.

124. This witness has stated that It is not the fact that the Horoscope of Sri Alok Chourasiya

was prepared by me only for the purpose of this case.

125. This witness has stated that the date and time of birth of Sri Alok Chourasiya were informed

to me by his grand-father, on the basis of which, I prepared the Tippan and on that basis, I prepared

the Horoscope. When the aforesaid information was given by the grand-father of Sri Alok

Chourasiya, his father was not present there.

126. This witness has stated that it is not a fact that I have given the false evidence at the request

of Sri Alok Chourasiya.

127. Respondent witness no. 4: Raja Kuwar has stated that I have come to this court as witness at

the request of Sri Alok Chourasia. I know the entire family of Sri Alok Chourasia. Alok Chourasia

has four brothers. I had worked as Dagreen at the time of birth of the children of the uncles of Alok

Chourasia also. The eldest uncle of Sri Alok Chourasia has two daughters, the elder being

about 35 years of age. I do not know her name. The second uncle of Sri Alok Chourasia has

two sons and two daughters. I do not know the age of his youngest child. The third Uncle Sri

Alok Chourasia has two sons, but I cannot say the age.

128. This witness has further stated that Sri Alok Chourasia is the eldest among the five brothers

and two sisters. The youngest of them is the daughter. I cannot say her age. This witness has

further stated that Sri Alok Chourasia is presently aged about 27-28 years and he is about six months

younger than my son. I do not remember the year of their birth.

129. This witness has further stated that during my life time, there had been six droughts in the

district of Palamau. It is not a fact that I have given false evidence.

130. Respondent Witness No. 5:- Sunil Chaurasia has stated that This is the application dated

16.5.2007, which I had submitted in the school at the time of admission of Sri Alok Chaurasia,

which is earlier marked Exhibit – G.I identify my two signatures on this application. Signatures

marked as Exhibits - L and L/1.

131. In Cross-Examination this witness has stated that he had got Sri Alok Chaurasia admitted in

the school in class – VIII. At that time, both his parents were alive. I had not got him

admitted in class – XI. I do not know who got him admitted in Class – XI. I had got him

admitted only in class – VIII. At the time of admission in class – VIII, Sri Alok Chourasia was

aged 19 years. His education prior to class – VIII was in private school. I have no knowledge

about the school. I do not remember what proof I had given about the date of birth of Sri Alok

Chourasia at the time of his admission in the school in class – VIII. I had informed Sri Alok

Chourasia that his date of birth as given at the time of his admission in class – VIII was 15.2.1988,

but I do not remember when I had given that information to Alok Chourasia.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

132. This witness has stated that In Exhibit – 8, there is signature of Sri Alok Chourasia as

also the signature of his father Late Anil Chourasia, which I identify. Exhibit – 11 also contains

the signature of Sri Alok Chourasia. It is not a fact that I have given false evidence. It is not a

fact that the admission form, exhibit – G, is a forged document.

133. Respondent witness no. 6 Shiv Shankar Prasad has stated that in the year 2009, Sri

Alok Chaurasia was aged about 20 years. I do not remember whether the name of Sri Alok

Chourasia was there in the voter list at that time or not. His father had fought the election of

Legislative Assembly on three occasions, but I do not remember the years when he had contested

the elections. The age of Sri Alok Chourasia was mentioned as 25 years in the voter list of the

year 2014 on the basis of the janam kundli prepared by the Pandit and on the basis of the school

certificate.

134. This witness has stated that he was also the proposer of Sri Alok Chourasia in his

nomination form for the election in the year 2014, on the basis of the voter list. There

was no objection at the time of scrutiny of the nomination paper by anybody. There was no

objection even at the time of declaration of result and there was no delay in the declaration of

result on the basis of any objection. It is not a fact that I have given false evidence.

135. Respondent witness no. 7 Ashesh Chaurasia has stated that he has come to depose in the

court at the request of Sri Alok Chaurasia about his age. It is not the fact that he has given the

false evidence.

136. Respondent witness no. 8 Bhishm Prasad Chaurasia has stated that he has come to

depose at the request of Sri Alok Chaurasia. He is his cousin and his father was his uncle. ON the

back page of Exhibit 8 there is signature of Anil Chaurasia in the left side and the signature of

Alok Chaurasia on the right side which has been identified. Signature of Alok Chaurasia was

marked as Exhibit 29 and signature of Sri Anil Chaurasia was marked as Exhibit 29 and

signature of Sri Anil Chaurasia was marked as Exhibit 30.

137. Respondent No. 9 Alok Kumar Chaurasia has stated that this is the certified copy of

the Voter List of 76 Daltonganj Assembly Constituency. At serial number 1, my name is

mentioned on 01.01.2014 as Alok Kumar Chourasiya @ Alok Chourasia, my age is mentioned as

25 years. It has been published on 31.07.2014. The document is earlier marked as Exhibit-J.

138. This witness has stated that he had also filed documents which reveals that my uncle

Sunil Chaurasia got me admitted in Class-VIII on 16.05.2007 in Adivasi Awasiya Ucch

Vidyalaya Guria Damar, Lesliganj. At the time of admission, my uncle had given declaration on

affidavit wherein my date of birth is mentioned as 15.02.1988 and on the basis of that declaration on

affidavit, my date of birth is mentioned as 15.02.1988 in the school admission register. The

declaration is earlier marked as Exhibit –G.

139. This witness has stated that in Adivasi Awasiya Ucch Vidyalaya Guria Damar, Lesliganj

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

where I was admitted in Class- VIII and I was a student of Section-B (with Objection). This witness

has stated that this is my Transfer Certificate issued on 15.04.2008 by the Adivasi Awasiya

Ucch Vidyalaya Guria Damar, Lesliganj. I had left the school in class-IX and my date of birth in

it is mentioned as 15.02.1988, which is earlier marked as Exhibit-1.

140. This witness has stated that on basis of the aforesaid Transfer Certificate I got my

admission in Nationalized Girwar Inter Level High School where my date of birth is mentioned as

15.02.1988, which is earlier marked as Exhibit-6.

141. This witness has stated that in Exhibit-6 at serial number 707, my name is reflected wherein

my date of birth is mentioned as 15.02.1988 (with objection). Apart from numerals, my date of

birth is also mentioned in words in it under the said serial.

142. This witness has stated that on 28.08.2012, I had filed an application through Girwar High

School to the Jharkhand Academic Council for getting my date of birth corrected which is earlier

marked as Exhibit-11 and I had also deposited the necessary fees for it. The document relating

to deposition of fees in the Jharkhand Academic Council is marked as Exhibit-13.

143. This witness has stated that this is the Secondary Examination Registration Slip issued

by Jharkhand Academic Council after correction of my date of birth wherein my date of birth is

mentioned as 15.02.1988. This document is earlier marked as Exhibit-C.

144. This witness has stated that this Admit Card has been issued by Jharkhand Academic

Council pertaining to class-X of Examination Year 2010 wherein my date of birth is mentioned

15.02.1988 which is earlier marked as Exhibit-D.

145. This witness has stated that this is the Marks Statement of Class-X, marks obtained

by me and issued by Jharkhand Academic Council wherein my date of birth has been mentioned

as 15.02.1988, which is earlier marked as Exhibit-E.

146. This witness has stated that this is the Certificate issued by Jharkhand Academic

Council certifying that I have appeared in Class-X Examination conducted by Jharkhand

Academic Council in the year 2010 from Girwar High School, Daltonganj, wherein my date of

birth is mentioned as 15.02.1988. This document is earlier marked as Exhibit-F.

147. This witness has stated that this is the copy of petition filed in Election Petition No. 11 of

2015, which is earlier marked as Exhibit-A.

148. This witness has stated that this is the entire file consisting of six pages pertaining to

correction of my date of birth by Jharkhand Academic Council. This entire file is earlier

marked as Exhibit-16.

149. This witness has stated that I.A. No. 1969/2017 has been filed by me on 02.03.2017

wherein I have annexed certified copy of the Election Petition No. 02 of 2015 which was filed by

Sri Krishna Nand Tripathi, the present Election Petitioner before this Court on 20.01.2015 under

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Sections 82 and 93 of the R.P. Act read with Sections 76 and 77 of the Indian Evidence Act. This

Election Petition No. 02 of 2015 is marked as Exhibit- M.

150. This witness has stated that he has also annexed the certified copy of Election Petition

No. 10 of 2015 filed by one Arbind Manjhi on 03.02.2015. This Election Petition No. 10 of

2015is marked as Exhibit-N.

151. This witness has stated that after looking to Exhibit-K, respondent witness no. 9 Alok

Chourasiya says that this is my horoscope.

152. This witness has stated that he has two brothers and two sisters. I am the eldest amongst

them. This witness has further stated that the School Leaving Certificate issued by Adivasi

Awasiya Ucch Vidyalaya Guria Damar, Lesliganj, which is earlier marked as Exhibit-1 in which

my date of birth is mentioned as 15.02.1988. This school leaving certificate is tagged with the

Guard File of Adivasi Awasiya Ucch Vidyalaya Guria Damar, Lesliganj.

This witness has stated that when I was admitted to Nationalized Girwar Inter Level High

School, Medininagar, Palamau, my School Leaving Certificate was tagged in the Guard File of

Adivasi Awasiya Ucch Vidyalaya Guria Damar, Lesliganj.

153. In cross-examination this witness has stated that Examination-in-chief which has been

filed on affidavit, I have mentioned this fact in Para-7 that due to mistake, my date of birth

was mentioned as 15.02.1995 in the Secondary Examination Registration Slip and so, in the

Admission Form of Board Examination, I have mentioned my date of birth as 15.02.1995.

154. This witness has stated that when I had received the Secondary Examination Registration

Slip, then I learnt that my date of birth is wrongly mentioned as 15.02.1995.

155. This witness has stated that he has also mentioned in my Examination-in-chief filed on

affidavit in Para-7 that I had no knowledge how to correct my date of birth and I had shortage of time

as I got busy in preparation of my examination. So, the wrong entry of my date of birth as

15.02.1995 remained as it was.

156. This witness has stated that he has also mentioned in my Examination-in-chief that on the

basis of the Class 10 certificate issued by Jharkhand Academic Council, I was admitted in

G.L.A. College, Medininagar, Palamau and my date of birth was mentioned as 15.02.1995.

157. This witness has stated that it is not correct to say that my date of birth is still

mentioned as 15.02.1995 in the School Leaving Certificate granted by Girwar High School,

Daltonganj.

158. This witness has stated that this is the School Leaving Certificate issued by Girwar High

School, Daltonganj which is earlier marked as Exhibit-5 in which my date of birth is mentioned

as 15.02.1995.

159. This witness has stated that he cannot say that in the School Leaving Certificate issued by

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Girwar High School, Daltonganj, my date of birth is still mentioned as 15.02.1995.

160. This witness has stated that he cannot say in which certificate, my date of birth is still

mentioned as 15.02.1995. Suo moto says that I had filed an application before Jharkhand

Academic Council for making correction of my date of birth. This witness has stated that in Exhibit-8

which is the Admission Form submitted in I.Sc., Session 2010-12 in G.L.A. College,

Medininagar, Palamau, my date of birth is mentioned as 15.02.1995 which bears my signature

and signature of my father and I was admitted in the said college on 07.08.2010. Suo moto said that

I have taken steps for getting my date of birth corrected in all the certificates and forms only in

the year 2012.

161. This witness has stated that Exhibit-23 is the Registration Slip where my date of birth is

mentioned as 15.02.1995. Foot Note:-3 in the Registration Slip mentions that if there is any

discrepancy in the Registration Slip, it has to be corrected within 15 days after receipt of

Registration Slip.

162. This witness has stated that he cannot remember the date on which I had received the

Registration Slip. This witness has stated that he cannot remember that I had read the Foot

Note-3 or not. Only on 28.08.2012, I had submitted an application before Jharkhand Academic

Council through Girwar High School, Daltonganj for making correction in my date of birth.

163. This witness has stated that I myself, neither my father, nor my mother, nor any of

my relative had submitted any application for making correction in my date of birth within 15

days as stipulated in the Foot Note : 3 of Registration Slip. This witness has stated that his father

has died on 16.06.2012.

164. This witness has stated that I had submitted application on 28.08.2012 for correction of my

date of birth to the Jharkhand Academic Council through Girwar High School, Daltonganj.

165. This witness has stated that this is the application which I had submitted to the

Jharkhand Academic Council through Girwar High School, Daltonganj which has been earlier

marked as Exhibit-11.

166. This witness has stated that in this Exhibit-11, I have mentioned the fact that my actual

date of birth is 15.02.1988 and in support of this assertion, I had annexed my Voter Identity Card

and an affidavit.

167. This witness has stated that he has his Voter Identity Card, but he has not brought today

with me.

168. This witness has stated that I cannot say with certainty that this is the photostate copy

of my Voter Identity Card which is enclosed with the application and is already marked as

Exhibit-11 (marked with objection on behalf of sole respondent).

169. This witness has stated that I cannot say with certainty about the contents of Exhibit-12.

170. This witness has stated that Usha Kunwar is my mother. Attention of sole respondent was

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

drawn to Exhibit-12 where he admits that the place provided for signature of the deponent is

left blank.

171. This witness has stated that in the Column where the Notary Public has signed, the name

of the deponent is mentioned as Usha Kunwar and the date is mentioned as 27.08.2012.

172. This witness has stated that in Exhibit-11 which is my application addressed to Jharkhand

Academic Council sent through Girwar High School, Daltonganj, the date of its forwarding is

mentioned as 17.08.2012, date of receipt by Jharkhand Academic Council is mentioned as

28.08.2012 and the affidavit is dated 27.08.2012 (Exhibit-12).

173. This witness has stated that he has not brought my Voter Identity Card. I have left it in

my home. I have not gone to my home recently.

174. This witness has stated that in Exhibit-11, my date of birth is mentioned as 15.02.1988

which is written in ink, whereas the entire application is typed.

175. This witness has stated that in Exhibit-12 at Paragraph-1, the date of birth is given as

01.01.1988. Suo moto said that this is an affidavit sworn by my mother Usha Kunwar, but my date

of birth was not corrected by the Jharkhand Academic Council on the basis of this affidavit.

176. This witness has stated that Exhibit-11 is his application addressed to Jharkhand Academic

Council through Girwar High School, Daltonganj for correction of my date of birth. Exhibit-

12 is annexed with Exhibit-11.

177. This witness has stated that In Exhibit-11, my date of birth is mentioned as 15.02.1988. I

have also mentioned that along with the Exdhibit-11, I have annexed my Voter Identity Card,

and an affidavit which is earlier marked as Exhibit-12. My date of birth was corrected by

Jharkhand Academic Council not on the basis of Exhbit-12, rather it was corrected on the basis of

the records of my school.

178. This witness has stated that we are two brothers and two sisters. I am the eldest one. My

brothers and sisters used to study in local village school and thereafter, they have studied in local

college in Daltonganj.

179. This witness has stated that he has studied in Adibasi High School, Guriadamar,

Lesliganj, Palamau which is a residential school. I took admission in Adibasi High School,

Guriadamar, Lesliganj, Palamau in Class-VIII in the year 2007. But he had left the school and

had taken admission in Girwar High School, Daltonganj in Class-IX in the year 2008. This

witness has stated that Adibasi High School, Guriadamar, Lesliganj, Palamau is situated 50

kms away from my native village. There is one Government school in my native village. I

studied in Adibasi High School, Guriadamar, Lesliganj, Palamau only for one year.

180. This witness has stated that he can recollect the names of my two colleagues namely,

Maharaj Singh and Ranjit Singh who were cheros.

181. This witness has stated that I cannot say the age of Maharaj Kumar Singh and Ranjit

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Kumar Singh mentioned in the School Register which is earlier marked as Exhibit-I.

This witness has stated that in Exhibit-I at Serial No.43, the name of Ranjit Kumar

Singh is mentioned and in the column of date of birth, his date of birth is mentioned as 07.12.1995.

The entire row of Ranjit Kumar Singh is marked as Exhibit-H/1.

182. This witness has stated that in Exhibit-I at Serial No.90, the name of Maharaj Kumar Singh

is mentioned and in the column of date of birth, his date of birth is mentioned as 18.01.1995.

The entire row of Maharaj Kumar Singh is marked as Exhibit-H/2.

183. This witness has stated that in Exhibit-I at Serial No.86, my name is mentioned and in

the column of date of birth, my date of birth is mentioned as 15.02.1988. The entire row of

Serial No.86 is earlier marked as Exhibit-H.

184. This witness has stated that in Adibasi High School, Guriadamar, Lesliganj, Palamau, I

was admitted by my uncle and not by my father or mother.

185. This witness has stated that the years of birth of most of the students in the School

186. This witness has stated that this witness has stated that on the date of admission, I was

major, but my uncle had accompanied me to the school as my guardian.

187. This witness has stated that it is not correct to say that my father and mother have

never stated before any forum that my date of birth is 15.02.1988. This witness has stated that his

father had contested the elections from 76, Daltonganj Assembly Constituency for four times.

188. This witness has stated that he has never casted my vote when my father had contested the

elections.

This witness has stated that he cannot say when my name was included in the Voter List of 76,

Daltonganj Assembly Constituency.

189. This witness has stated that his name was not included in the Voter List of 76,

Daltonganj Assembly Constituency in the year 2009.

190. This witness has stated that in 2014, my name was included in the Voter List of 76,

Daltonganj Assembly Constituency which is earlier marked as Exhibit-J. This witness has stated

that when the electoral roll was revised, on my oral request, my name was included in the Voter

List of 76, Daltonganj Assembly Constituency and my age was recorded as 25 years.

191. This witness has stated that he cannot remember whether I had given any document in order

to include my name in the Voter List.

192. This witness has stated that in the year 2014, the election was declared and I had

filed my nomination. I cannot say the age of my mother which was mentioned in the Voter list. This

witness has stated that except the School Register, I have not filed any other document to show

my date of birth as 15.02.1988.

193. This witness has stated that it is not correct to say that I have never taken admission in

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Adibasi High School, Guriadamar, Lesliganj, Palamau.

194. This witness has stated that it is not correct to say that when I had taken admission,

my date of birth was mentioned as 15.12.1995.

195. This witness has stated that it is not correct to say that in 2009, I had received the

registration certificate of Jharkhand Academic Council where my date of birth was recorded as

15.12.1995 and the same is also recorded in the college and in School Leaving Certificate.

196. This witness has stated that it is not correct to say that after death of my father in the

year 2012, when I was to contest election, I had taken steps for getting my date of birth

corrected. Suo moto says that my date of birth has been corrected in accordance with law on the

basis of recommendation of Girwar High School, Daltonganj to the Jharkhand Academic Council.

197. This witness has stated that it is not correct to say that only on my oral submission, my

name was included in the Voter List in the 2014 and my date of birth was mentioned.

This witness has stated that it is not correct to say that in 2014, my name did not reflect in the voter

list and I have filed forged Voter Identity Card.

198. Respondent No. 10-Ramdip Ram has stated that he was posted in Adibasi High School,

Guriadamar, Lesliganj, Palamau.

199. This witness has stated that he had joined in service in the year 1983 as Assistant Teacher

in History subject in the aforesaid school. In July, 2017, I was promoted as Headmaster of the

school.

200. This witness has stated that this is the original Attendance Register of Class-8B of

Adibasi High School, Guriadamar, Lesliganj, Palamau of Session 2007-08, consisting of 25

pages. Photocopy of the attendance register is earlier marked as Exhibit-28 and this is the

original Attendance Register.

201. This witness has stated that the name of Alok Chourasiya figures at Page-6, Serial

No.85, of the Attendance Register of Class-8B of Session 2007-08 which shows that he had

attended the classes.

202. This witness has stated that At Page-8 (June), 10 (July), 12 (August), 14 (September),

16 (October), 18 (November), 20 (December), 22 (January), 24 (February) and 26 (March), the

name of Alok Chauraiya figures which shows that he had attended the classes.

203. In Cross-Examination of Witness No.10, Ramdip Ram has stated that he was working as

Headmaster-in-charge since July, 2017. I had taken over the charge of the post of Headmaster

from my predecessor namely, Prem Prakash Singh who had superannuated from the post of

Headmaster on 30.06.2017.

204. This witness has stated that Sri Kashi Prasad is the present Secretary of the aforesaid

School. I cannot say since how long he is secretary. Sri Kashi Prasad was also the Headmaster

of the School since 1983 and he superannuated from the post of Headmaster in the month of

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

November, 2016 and he had handed over the charge to Prem Prakash Singh in 2017. I have

taken over charge, but Kashi Prasad is still working as the Secretary of the School.

205. This witness has stated that on the summons issued by this court, I have come to depose in

this case.

This witness has stated that this is the Letter dated 08.03.2018 written by me addressed to the

Registrar General, Jharkhand High Court. Pursuant to the letter of this Court dated 07-03-

2018 calling for the original Attendance Register of Session 2007-08 of Class-8 of the School, I

had informed that I have assumed the charge of Headmaster of the School in June, 2017, but the

Attendance Register is not available in the school and I have made inquiry from my predecessor

Prem Prakash Singh who disclosed that he has not received the attendance Register. This Letter is

marked as Exhibit-31.

206. This witness has stated that the letter dated 12.03.2018 addressed to Register General

whereby I have informed that during course of search, the original Attendance Register of

school has been located and thereafter, I am submitting the Attendance Register to this Court.

This Letter is marked as Exhibit-32.

207. This witness has stated that I could locate the Attendance Register in the school

premises with the help of Prem Prakash Singh and thereafter, I had sent the Attendance

208. This witness has stated that The Attendance Register was handed over to me by Prem

Prakash Singh during the search.

209. This witness has stated that The Exhibit-4 is the Guard File containing Transfer Certificate

documents from Serial Nos. 638 to 725 (kept in Part-V).

210. This witness has stated that At Serial No.60, transfer certificate of Alok Chaurasiya is kept

which is earlier marked as Exhibit-1 and the seal of the school is smaller.

211. This witness has stated that the seal of the school is larger in size in the transfer

certificate of other students in the aforesaid Guard File.

212. This witness has stated that other students who have obtained transfer certificates were the

students of Class-8, whereas Alok Chaurasiya was student of Class-9 when he had obtained the

transfer certificate.

213. This witness has stated that from perusal of the Guard File, it appears that it was not

maintained in seriatim and the serial numbers are broken.

214. This witness has stated that From perusal of the transfer certificates issued to other

candidates, it appears that the reasons for obtaining transfer certificate was for getting higher

education in different institutions, whereas the reason for obtaining transfer certificate of Sri Alok

Chaurasiya has been given as desired by his guardian.

215. This witness has stated that I have assumed the charge of Headmaster of the school on the

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

basis of my seniority. The governing body had not appointed me as the In-charge, Headmaster

of the school.

216. This witness has stated that the documents and records of the school pertaining to the

affairs of the school, as per my knowledge, has to be remained with the Headmaster, but in my

school, documents are either with the Headmaster or with the Secretary.

217. This witness has stated that when I wrote the first letter to Jharkhand High Court, I

had not consulted the Secretary before writing the letter. Later on, I had consulted the Secretary.

218. This witness has stated that it is incorrect to suggest that he has no personal knowledge of

the affairs pertaining to this case of Alok Chourasiya and I have falsely deposed in this case.

219. The Respondent witness no. 11 Bishwanath Prasad has stated that I am working as an

Advocate Clerk of Mrs. Amrita Kumari, Jharkhand High Court, Ranchi and my Renewal

Registration Number is 99/2018. This witness has stated that on 01.04.2016, I had filed application

for information in Election Petition No. 11 of 2015. I had sought information pertaining to the

defects pointed out by the stamp reporter with date of stamp reporting.

220. This witness has stated that the aforesaid application for information was supplied to me

on 20.04.2016 by the Section Officer, Jharkhand High Court, Ranchi.

221. This witness has stated that the application for information was filed in one copy.

The certified copy of the application for information was filed in I.A. No. 1969 / 2017 and the

original copy is not before me. This witness has stated that the original copy of the application for

information which h had filed on 01.04.2016 seeking information regarding the defects in the

Election Petition No. 11 of 2015. No information was supplied to me. The original copy of the

application for information filed on 01.04.2016 is marked as Exhibit – O.

222. In cross-examination this witness has stated that on the instruction of the learned

Advocate-on-record, I had filed the application for information. This witness has stated that the

defects in the election petition were not supplied to me through the application for information

filed by him. This witness has stated that he had handed over the application for information to

the learned Advocate-on-record.

Arguments

223. Learned counsel for the election petitioner, during course of arguments, referred to the

oral evidences, written notes and submitted that Issue Nos. 6, 7, 8 and 9 are interlinked and

referred the evidence of P.W.3-Krishna Nand Tripathy-Election Petitioner which have been

discussed hereinabove categorically demonstrating that the date of birth of the respondent-Alok

Chourasia is mentioned as 15.02.1995 in School Leaving Certificate-Exhibit-5 & Exhibit-9 on

the basis of school record and Jharkhand Academic Council, 2009. Learned counsel for the

petitioner further referred to the evidence of respondent witness no. 9-Alok Chourasia who has

stated that he had never sought to change the date of birth earlier. His father died on

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

16.06.2012 and thereafter, he took steps for getting his date of birth changed.

224. Learned counsel for the election petitioner further referred to Exhibit-23 which is changed

Registration Slip of the respondent-Alok Chourasia wherein in Column No. 3, it has been mentioned

that if there is any defect in Registration Slip, steps be taken to get it corrected within 15 days, but

the respondent- Alok Chourasiya has not taken any step within 15 days to get his date of birth

corrected and after much delay of time he took step.

225. Learned counsel for the election petitioner referred to the evidence of respondent witness

no. 9-Alok Chourasiya and submitted that he himself in para-7 has stated that on 28.08.2012,

he had filed an application through Girwar High School to the Jharkhand Academic Council for

getting his date of birth corrected.

226. Learned counsel for the petitioner referring to para 29 of the evidence of the respondent

witness no. 9-Alok Chourasiya and submitted that the respondent himself has stated that in

Exhibit 23-which is Registration Slip, his date of birth is mentioned as 15.02.1995. Foot-note-3

in the Registration Slip mentions that if there is any discrepancy in the Registration, it has to be

corrected within 15 days after receipt of Registration Slip.

227. Learned counsel for the petitioner referring to para 52 of the evidence of the respondent

witness no. 9-Alok Chourasiya has submitted that the respondent himself has admitted that

neither he, nor his father, nor his mother, nor any of his relatives had submitted any application for

making correction in his date of birth within 15 days as stipulated in the Foot-Note-3 of

Registration Slip and this fact has also been supported in the evidence of Election Petitioner

Witness No. 6-Rajnikant Verma and also in the evidence of Election Petitioner Witness No. 8-

Eugine Minj.

228. Learned counsel for the election petitioner relied upon the judgment of the Hon’ble Supreme

Court passed in the case of “Sushil Kumar Vs. Rakesh Kumar reported in (2003) 8 SCC 673

and submitted that on the filing of nomination paper the respondent was under the age of 25

years. The Paragraph Nos. 32, 51 and 79 of the said judgment are being reproduced below :

“32. The age of a person in an election petition has to be determined not only on the basis

of the materials placed on record but also upon taking into consideration the circumstances

attending thereto. The initial burden to prove the allegations made in the election petition

although was upon the election petitioner but for proving the facts which were within the

special knowledge of the respondent, the burden was upon him in terms of section 106 of

the Evidence Act. It is also trite that when both parties have adduced evidence, the

question of the onus of proof becomes academic. Furthermore, an admission on the part of

a party to the lis shall be binding on him and in any event a presumption must be

made that the same is taken to be established.

51. In both the aforementioned documents the age of the respondent was stated to be

24 years as on 1.1.1995. According to the respondent he was born in 1968 and,

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

thus, on the said date he could have been more than 24 years of age. Why such an

inconsistency crept in, has not been explained. The High Court, however, did not give much

importance to the said fact and proceeded on the basis that these documents go to show

that the respondent was a major on that day. It is conceded by Mr. Mullick, learned

counsel appearing on behalf of the respondent that the date of birth of a voter contained in

the voter list and the election identity card issued by the Election Commission of India is

not conclusive. They ae recorded as per the statements made by the person concerned.

Be that as it may, it was for the High Court and consequently, for this Court in appeal

to consider the said materials on record in their proper perspective. We may, however,

observe that the said documents do not conclusively show that the respondent was a major on

that day.

79. The Election Tribunal while determining an issue of this nature has to bear in mind

that Article 173 (b) of the Constitution of India provides for a disqualification. A

person cannot be permitted to occupy an office for which he is disqualified under the

Constitution. The endeavour of the court therefore, should be to see that a disqualified

person should not hold the office but should not at the same unseat a person qualified

therefor. The court is required to proceed cautiously in the matter and, thus, while

seeing that an election of the representative of the people is not set-aside on flimsy

grounds but would also have a duty to see that the constitutional mandate is fulfilled.”

229. On the other hand, learned senior counsel for the respondent during the course of

arguments referred to para 7, 8, 9, 10 & 11 of the evidence of Election Petitioner Witness no. 3-

Krishna Nand Tripathy and submitted that in para 9-Election petitioner has categorically deposed

that at the time of scrutiny of nomination paper of sole respondent, objection was raised with

regard to the electoral paper by his Election Agent-Madan Tiwary before the Returning Officer

that the respondent is below the age of 25 years and he is not eligible to contest the election, but the

same was not considered. But in para 32 of the evidence of Election Petitioner Witness No. 9-

Krishna Nanda Tripathy, the election petitioner himself has stated that he was not present at the

time of scrutiny of the nomination papers of the candidates. His election agent was present on

his behalf and his election agent had made objection about the acceptance of the nomination

papers of the sole respondent objecting his age, but the objection was not entertained by the

Returning Officer.

230. Referring to the evidence of Election Petitioner witness no. 3, Para 37, the learned senior

counsel for the respondent further submitted that election petitioner has stated that he has no

personal knowledge about the date of birth of Sri Alok Chourasia except the knowledge

derived from the certificate.

231. The learned senior counsel for the respondent further referred to para 39, 40 and 41 of the

evidence of Election Petitioner Witness No.3-Krishna Nand Tripathy and submitted that different

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

version has been given regarding the date of birth of the respondent.

232. Learned senior counsel for the respondent referring to evidence of Election Petitioner

Witness No. 6-Rajnikant Verma- Secretary, Jharkhand Academic Council, Ranchi, submitted that this

witness has stated that there is a provision for accepting and considering the applications for

change of date of birth of the examinees who had appeared in the examination conducted by

the Jharkhand Academic Council within five years of the Sessions in which he or she had

appeared in the examination and this provision was made in Bihar School Examination Board by

Communique No. 38 of 1996 whereby the Bihar School Examination Board’s Communique

No. 30 of 1996 was partially modified, which after the bifurcation of the State is being followed

by the Jharkhand Academic Council also, but he could not produce the original communique

number 30 of 1996 issued by the Bihar School Examination Board.

233. The learned senior counsel for the respondent submitted that accordingly, respondent had

appeared in the Annual Secondary School Examination, 2010 conducted by Jharkhand Academic

Council and had filed an application on 28.08.2012 through appropriate authority before the

Jharkhand Academic Council within time. Further 15 days period as mentioned in the

Registration Slip has not been overright on Bihar School Examination Board by Communique No.

38 of 1996.

234. Learned senior counsel for the respondent referred para 13 of the evidence of Election

Petitioner Witness No. 8-Eugine Minj in which this witness has categorically stated that there is

no rule in the Jharkhand Academic Council to the effect that the correction in the date of birth is

necessarily to be made within fifteen days only.

235. Learned senior counsel for the respondent further submitted that so far as the case of

“Sushil Kumar Vs. Rakesh Kumar” (Supra) is concerned, he referred para 61 and 62 of the

said judgment and submitted that in that case, respondent had taken a plea for date of birth in

bail application showing that he was below age of 16 years in the year 1996.

236. Learned counsel for the respondent while referred to evidence of respondent witness no.

1-Kashi Prasad-Head Master and Secretary, A.A. High School, Guriadamar who had brought

admission register and submitted that in the admission register of the relevant period, the name of

Alok Chourasia finds mentioned at serial no. 86 showing that he had taken admission and

identified the writing, serial no. 86 in the register which has been marked as Exhibit-H. This

witness has proved the original admission-cum- declaration of guardian form relating to the student

Alok Chourasiya which has been marked as Exhibit G. This witness has stated that in the

admission register also, the date of birth of Alok Chourasiya is mentioned as 15.02.1988. So, it is

submitted that there is compliance of Section 35 of Indian Evidence Act.

237. Learned counsel for the respondent has submitted that no objection was given by the

petitioner at the time of publication of voter list and further no objection was made by the petitioner

at the time of scrutiny of nomination papers.

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

238. The learned senior counsel for the respondent has further submitted that Petitioner Witness

No. 1 Madan Tiwary has stated in his examination-in-Chief that in course of scrutiny, he had

made objection, but no document was produced. He has stated that he has made objection before

the Deputy Commissioner, Palamau which has been marked ‘X’ for identification. But in his

cross- examination, this witness has stated that after declaration of result of respondent-Alok

Chourasiya, he has made objection before the Deputy Commissioner, Palamau which has been

marked ‘X’ for identification, so, this falsifies that any objection was taken up at the time of

scrutiny and the fact that the case of the election petition is decided on the material brought on

record.

239. Learned senior counsel for the respondent relied on the provision of Section 2(F) read

with Section 85 of the Bihar Reorganization Act, 2000 and submitted that fresh notification has

been issued by Jharkhand Academic Council and the Bihar Secondary School Examination

Board, Communique 38, 1996 has force of law for correction of date of birth.

240. Under Section 103 of Indian Evidence Act, the burden of proof lies on the petitioner, but

nothing has been brought on record to suggest that change of date of birth of respondent was done

in mechanically by filing application.

241. In reply, the learned counsel for the petitioner submitted that Jharkhand Academic

Council had no authority to initiate the process of change in date of birth of Alok Chaurasiya

(after 15 days as mentioned in Registration Slip-Ext.-23), after Jharkhand Academic Council came

into existence in 2002. The Communique has relied upon by the respondent which has come in

para-1 of the evidence of Election Petitioner Witness No. 6- Rajnikant Verma- Secretary,

Jharkhand Academic Council. So, respondent has not taken steps for getting correction in date of

birth within 15 days in view of the latest judgment of the Hon’ble Supreme Court in the case of

“State of Madhya Pradesh & Others Vs. Lafarge Dealers Association & Ors.” as reported in

(2019) 7 SCC 584. In view of the judgment the Bihar School Examination Board Notification

ceased to have the force of law.

242. On the other hand, learned counsel for the respondent submitted that the Judgment

reported in (2019) 7 SCC 584 is concerned, the Hon’ble Supreme Court has partly overruled

it by the judgment passed in the case of “Swarn Rekha Cokes and Coals (P) Ltd.” as

reported in (2004) 6 SCC 689 and further submitted that the case which has been relied upon is

with regard to intra state sale and held that no sooner State of Madhya Pradhesh and

Chhatisgarh came into existence, the sale-in-question is interstate and not intra state. The Bihar

School Examination Board Communique 38, 1996, has force of law.

243. In absence of any other circular issued by the Jharkhand Academic Council,

Communique 38, 1996 of Bihar School Examination Board has the force of law.

244. After hearing the learned counsel for the parties, I am of the considered opinion that in

absence of any Circular issued by the Jharkhand Academic Council, Communique, 38, 1996 of

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

Bihar Secondary School Examination Board, has force of law and accordingly Jharkhand

Academic Council has adopted the correct procedure for correction of date of birth of the

respondent.

245. Having heard the learned counsels for the parties, after going through the judgments

cited on their behalves, after going through the evidences, oral and documentary, and the

pleadings of the parties, I find considerable force in the submissions of the learned counsel

for the respondent due to the following reasons:

(i). The petitioner has not filed any objection with regard to electoral voter list so

published regarding the respondent;

(ii). At the time of scrutiny of nomination papers, no objection was raised, as per the

material available on record, either by the election petitioner or by his agent.

(iii). Only after declaration of the election result in favour of the respondent, the petitioner

collected all the papers through R.T.I. and filed the instant election petition basing on

taking plea that on the date of filing of nomination papers, the respondent was

below 25 years of age and is disqualified under Article 173 of the Constitution of

India.

(iv). The judgement relied upon by the learned counsel for the election petitioner in

the case of “Sushil Kumar Vs. Rakesh Kumar (supra)” is not applicable as in

that case respondent had made submission about mentioning of the date of birth of

the respondent in his bail application, but this is not the fact here.

(v). Further, the petitioner although in terms of Section 103 of the Indian Evidence Act

has to prove the fact which is available, but he has not brought anything on

record to indicate 38 Communique, 1996 issued by the Bihar School Examination

Board which deals with correction fixing 5 years and has been over-ruled.

(vi). Exhibit 23 is Registration Slip where time for correction has been mentioned

as 15 days in view of the provision under Section 2(f) r/w Section 85 of Bihar

Reorganization Act and in view of evidence of Election Petitioner, Witness No. 6-

Rajnikant Verma–Secretary, Jharkhand Academic Council, Ranchi read with evidence

of Election Petitioner Witness No. 8-Eugine Minj r/w evidence of respondent witness

No. 2- Surendra Kumar Verma-Returning Officer and evidence of respondent

witness no. 9-Alok Chourasia, I am of the opinion that correction of date of birth of

respondent-Alok Chourasiya has rightly been made and petitioner has failed to prove

his case.

246. Accordingly, interlinked Issue Nos. 6, 7, 8 and 9 are decided in favour of the

respondent. So far as Issue No. 1 is concerned, the same has already been decided vide order

झारखडगजट(असाधारण) मंगलवार, 6 जून, 2020

dated 18.03.2016 passed by this Court. So far as the remaining Issue Nos. 2, 3, 4 and 5 are

concerned, in view of the evidence recorded, no finding is being recorded on these issues.

247. Accordingly, this Election Petition is devoid of merit and is hereby dismissed. There

shall be no order as to costs.

248. Registrar General is directed to send an authenticated copy of this judgment to the Election

Commission of India and also, the substance of the decision to the Hon’ble Speaker, Jharkhand

Legislative Assembly, Ranchi.

Anant Bijay Singh, J.,

Jharkhand High Court,

Ranchi Dated: 20/12/2019

Satyarthi/-N.A.F.R.

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झारखड राजक7य मुNणालय, राँची वारा काशत एवं मु=Nत

राँची वारा काशत एवं मु=Nत,

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