CHANDRIKA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The extent of jurisdiction of Election Tribunal to direct recounting of votes is the primal question involved in this appeal which arises out of a judgment and order dated 18-11-2002 passed by a Division Bench of the High Court of Judicature at Patna in L.P.A. No. 1149/2002 dismissing the appeal arising out of an order dated 7-10-2002 passed in writ petition marked as C.W.J.C. No. 5004/2002 whereby and whereunder a learned single Judge of the High Court allowed the writ petition filed by the respondent herein questioning an order of the Election Tribunal dated 20-10-2001.

(2.) The private parties hereto contested an election for the post of Mukhiya of Raj Gamhariya, Gram Panchayat. The said election was held on 19-4-2001 and the votes polled therein were counted on 20-5-2001. The contention of the appellant was that the Returning Officer had informed him that he had secured 900 votes out of which 150 had been declared invalid and, thus, he got 670 valid votes whereas the respondent-Mahendra Rai had secured only 622 votes. However, when the result was finally declared on 21-5-2001, the 4th respondent herein was declared elected by securing allegedly 32 more votes than the appellant herein. The total votes polled by the appellant was shown as 670 and votes polled by the 4th respondent was shown as 702.

(3.) The appellant allegedly moved an application for recounting of votes before the Returning Officer but the same was not entertained. The appellant thereafter filed an election petition questioning the election of the 4th respondent herein before the learned Munsif, Raxoul, East Champaran primarily on the ground of irregularities in counting of votes. Before the Election Tribunal, the parties adduced their respective evidences whereafter the learned Munsif by an order dated 20-10-2001 directed inspection and recounting of ballot papers; pursuant to or in furtherance whereof the Returning Officer, East Champaran was directed to produce the ballot papers.