CHANDESHWAR SAW Vs. BRIJ BHUSHAN PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal takes exception to the judgment and order dated 27.8.2019 passed by the High Court of Judicature at Patna (for short, 'the High Court'), thereby setting aside the order of the learned single Judge, dated 6.3.2019 and orders passed by the Court of Civil Judge (Junior Division)cumElection Tribunal, Danapur, District Patna, Bihar (for short, 'the Election Tribunal'), dated 11.10.2018 and 11.4.2019 in Election Case No. 08/2016. Consequently, the above numbered election case filed by the appellant challenging the election of respondent No. 1 as returned candidate for the post of Mukhia, Artyapur Gram Panchayat No. 8 under Naubatpur Block, came to be dismissed.

(3.) Briefly stated, the election for the post of Mukhia, Artyapur Gram Panchayat No. 8 under Naubatpur Block was held on 6.5.2016, in which the appellant and respondent No. 1 alongwith 11 others had contested as candidates and after counting of votes on 4.6.2016, the respondent No. 1 was declared elected. During the counting, however, the appellant had noticed that number of valid votes cast in his favour were being rejected, while even invalid votes in favour of respondent No. 1 were being accepted and counted. The respondent No. 1 was declared elected by a margin of 154 votes. In this backdrop, the appellant filed an election case before the Election Tribunal, seeking recounting of votes, setting aside election of respondent no. 1 and declaring him (appellant) elected. The appellant specifically alleged about the irregularities committed during the counting process including the one that swastika symbol pressed light ink was not being counted in favour of the appellant and despite grievance being made in that behalf, no heed was paid by the Returning Officer. At the same time, it was also noticed that some invalid votes cast in favour of respondent No. 1 were accepted and counted as valid disregarding the objection taken in that behalf. The election case proceeded for trial and after recording of evidence of the witnesses produced by the concerned parties, the Election Tribunal after due evaluation of the evidence, accepted the grievance of the appellant that the result sheet prepared by the election officer was not proper as the counting of votes was not done by the officials as per rules. The Election Tribunal proceeded to record finding of fact in favour of the appellant and answered the issue in the following words: