1990 INSC 0027
                                                Satyanarain Dudhani

                                                           Vs

                                          Uday Kumar Singh and Others

                                     Civil Appeal No. 4337 (NCE) of 1988

                                          (M.H. Kania, Kuldip Singh JJ)

                                                      23.01.1990

                                                     JUDGMENT

KULDIP SINGH J.-

After hearing the arguments we reserved judgment in this election appeal. The Election Commission
has announced fresh elections to the Bihar Legislative Assembly. There is thus an urgency to
announce the judgment. For the reasons to be recorded later on we allow the appeal with costs and
set aside the order of the High Court dated march 30, 1988 ordering recount and allowing inspection
of ballot papers. As a consequence the order of the High Court dated December 6, 1988 declaring
the election of the appellant to Tundi Assembly Constituency as void and declaring respondent
Uday Kumar Singh as duly elected is also set aside. The election petition filed by Shri. Uday Kumar
Singh challenging the election of the appellant Shri Satyanarain Dudhani is dismissed with costs.
We quantify the costs as Rs. 7000.

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