KANTI DEVI Vs. STATE ELECTION COMMISSIONER BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against judgment and order dated 10.2.2010 whereby the learned single Judge has allowed writ petition bearing CWJC No.9242 of 2008 preferred by Sandhya Devi, respondent no.4. As a result, while reversing the order dated 31.3.2008 of the Election Tribunal, Jehanabad whereby Election Case No.15 of 2006 preferred by respondent no.4, was dismissed, the election of the appellant (respondent no.4 in the writ petition) on the post of Mukhiya of Gram Panchayat Kochahasa in the district of Arwal has been set aside.

(2.) THE relevant facts are not in dispute and find incorporated in the order under appeal. The writ petitioner (respondent no.4 herein) contested the election for the post of Mukhiya in question and lost to&apos the appellant by a margin of 37 votes. The voting took place on 24.5.2006. Counting of votes was held on 5.6.2006. A grievance appears to have been raised by the writ petitioner before the District Election Officer - cum - District Magistrate, Arwal on 6.6.2006 that some valid votes of the writ petitioner had been discarded as invalid and her valid votes and that of some other candidates had been included in the bundle of votes of the appellant and, therefore, all the ballot papers at all the booths may be ordered to be recounted once again.

(3.) THE Election Tribunal considered first the prayer of the writ petitioner for reopening of the ballots and recounting and by order passed on 15.6.2007 gave a finding that polled votes of booth no.71 where the election petitioner claimed to have been deprived of 13 valid votes, may require to be opened for verification and counting. But ultimately by the final judgment and order dated 31.3.2008 which was under challenge in the writ petition, the Election Tribunal accepted the argument advanced on behalf of the appellant that even if it is assumed that 13 votes missing from the total polled votes were wrongly included in the valid votes of the election petitioner, the exercise of recounting would not have any material effect on the outcome of the election because the margin of victory was admittedly 37 votes. On that basis, the election petition was dismissed.