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SC sets aside RJD MLA's election
By Our Legal Correspondent
NEW DELHI
March 15.
The Supreme Court has set aside the election of the RJD MLA, Sahid Ali Khan, from Sitamahri Assembly constituency in Bihar. It has declared elected the nearest BJP candidate, holding that votes polled in his favour were wrongly rejected by the Returning Officer.
A Bench comprising Justice R.C. Lahoti and Justice Brijesh Kumar found that 90 votes cast in favour of Hari Shankar Prasad (BJP) were wrongly rejected and if this were added to him, he would have been elected by a margin of 55 votes. In the February 2000 elections, Mr. Khan was declared elected by a margin of 35 votes.
The Bench said that where supply of a wrong instrument to voters was due to the mistake of the Polling Officer and ballot papers having been marked by such stamp as supplied wrongly, they were not liable to be rejected.
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