New Delhi, Oct 30: Holding that success of a winning candidate in an election cannot be lightly interfered with, the Supreme Court today upheld the election of former Jharkhand chief minister Babulal Marandi from Ramgarh assembly constituency in 2001. A bench comprising Justice R C Lahoti and Justice Ashok Bhan dismissed a petition of defeated candidate Harikrishna Lal who had alleged that the voter list had contained the name of one Babu Marandi but not that of Babulal Marandi and hence the latter was not entitled to contest the assembly polls.
The returning officer had verified the voter's list and concluded that due to a technical error, the name of Babulal Marandi was shown as Babu Marandi.
The bench said that the defeated candidate failed to adduce sufficient evidence to show that Marandi was not entitled to contest the elections and that his nomination papers as a BJP candidate should have been rejected.
The bench dismissed the petition saying the High Court of Jharkhand had rightly framed the issues placing the burden of proof on election petitioner.
Bureau Report