HEMAN RAI Vs. STATE ELECTION COMMISSION PANCHAYAT

JUDGEMENT

(1.) THIS Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 22nd October 2008 passed by the learned Single Judge in above C.W.J.C. No. 9840 of 2008.

(2.) THE subject matter of dispute is the election of the appellant-writ petitioner as Mukhiya, Gram Panchayat Raj, Musepur, District- Saran held on 31st May, 2006. THE appellant won the said election over the respondent No. 5 by a margin of 114 votes.

(3.) WE are informed that pending the above C.W.J.C. No. 9840 of 2008 the re-polling at booth Nos. 249 and 250 was held on 20th July, 2008. The respondent No. 5 was returned as the elected candidate. Since then the respondent No. 5 is holding the post of Mukhiya, Gram Panchayat Raj, Musepur.