SIYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. S.B.K. Mangalam, learned counsel for the appellant and Mr. Y.V. Giri, learned Senior Counsel alongwith Mr. Sanjeev Kumar, learned counsel for the respondent no. 7.

(2.) The election for the post of Mukhiya of Gagri Gram Panchayat situate in the district of Sheikhpura was held or. 2.6.2006. The respondent-writ petitioner was declared elected. His election was called in question in Election Case No. 7 of 2006 before the learned Munsiff, Sheikhpura. The learned Munsiff placing reliance on Rule 79 of Bihar Panchayat Election Rules, 2006 (for brevity 'Rules') set aside the election on the ground that there was no scope for entertaining a second application for recounting by the Returning Officer. The learned Munsiff, as is evident from his order, declared the present appellant as the elected candidate.

(3.) Being dissatisfied with the aforesaid order, the respondent-writ petitioner preferred C.W.J.C. No. 6786 of 2009 wherein the learned Single Judge interpreting Rule 79 came to hold that successive applications for recounting is permissible before the Returning Officer till the result of the election is declared. Being of this view, he dislodged the order of the learned Munsiff and directed the writ petitioner to continue his full term as Mukhiya unless removed by law.