DHARMENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner prays for quashing the order dated 21.11.2007, contained in Annexure-3, passed by the Munsif-cum- Prescribed Authority, Gopalganj in Election Case No. 19 of 2006, by which he has directed to bring all the ballot boxes containing ballot papers of Gram Panchayat, Raj Bengal Khar and other related papers for purposes of verification and recounting.

(2.) The Panchayat election was held on 15.5.2006 for post of Mukhiya of Gram Panchayat, Raj Bengal Khar situated in Kuchaikot Block in the district of Gopalganj. The petitioner alongwith respondent nos. 6 to 15 contested the election for the post of Mukhiya. The counting of votes was done on 19.6.2006. The total number of votes cast in the election was 3056, out of which 414 votes were declared invalid. Out of total votes of 2638, the petitioner secured 829 votes and respondent no. 6 secured 520 votes. The petitioner was thus declared winner by margin of 309 votes and was declared elected under Rule 81 of the Bihar Panchayat Rules, 2006 (hereinafter referred to as 'the Rules, 2006'). He was granted election certificate in Form 22 as per Rule 82 of the Rules 2006.

(3.) The petitioner submits that respondent no. 6, the defeated candidate, filed an election petition bearing 19/06 under Section 37 of the Bihar Panchayat Raj Act, 2006. According to him, the respondent no. 6 for the first time in the election petition alleged that the petitioner in connivance with respondent no. 5 namely Anchal Padadhikari-cum-Prakhand Election Officer, Kuchaikot Prakhand detached Swastik mark from the wooden stamp at booth no. 415. He submits that respondent no. 6 alleged that 210 valid votes at booth no. 415 cast in his favour was declared invalid and 144 valid votes was illegally added to the tally of the petitioner. Respondent No. 6 alleged that some of his other valid votes were distributed amongst other candidates.