New Delhi, Oct. 30: The Supreme Court today upheld the election of former Jharkhand chief minister Babulal Marandi from Ramgarh Assembly constituency held in 2001.

A division bench of Justice R.C. Lahoti and Justice Ashok Bhan dismissed a petition by the defeated candidate Harikrishna Lal challenging the election of Marandi on the ground that Marandi’s name was not even in the voter list.

Lal alleged that the voters’ list had contained the name of one Babu Marandi and not Babulal Marandi and a person whose name was not on the rolls could not contest the polls.

But the returning officer had verified the voters’ list and claimed that the name of Babulal Marandi was inadvertently made Babu Marandi because of human error.

The Supreme Court, in its judgment, said the returning officer’s claim went in favour of Marandi and the rival candidate could not establish anything against it.

Further, Lal did not produce sufficient evidence to show that Marandi was not qualified to contest the poll.

The apex court also pointed out that “the burden of proof lies on the one who challenges the election to raise necessary pleadings and adduce evidence to prove such deviation as would enable the result of election being set aside on any of the grounds available under the law”.

The judges added that “in an election petition, if nobody adduces evidence, it is (the) election petitioner who fails” and the winning candidate declared elected by the commission would win the case too.

The apex bench also upheld the position of law settled by the Jharkhand high court in this case that the “burden of proof” is on the petitioner, who has challenged the election of his rival.