PARAS NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been filed challenging order dated 9.7.2010 (Annexure-7) by which learned Munsif, Bikramganj allowed Election Case No, 4 of 2006 filed by Sharda Nand Singh (Respondent No. 7) and set aside the election of the Petitioner dated 16.6.2006 on the post of Mukhia of Gram Panchayat Chiksil under Block Karakat in the district of Rohtas (hereinafter referred to as 'the Gram Panchayat' for the sake of brevity).

(2.) The Panchayat election was held on 24.5.2006 in which the Petitioner alongwith Respondents Nos. 7 to 13 were elected members of the Gram Panchayat. However, for the post of Mukhia the Petitioner and Respondent No. 7 contested and on counting of votes it was found that Petitioner secured 1587 votes, whereas Respondent No. 7 secured 1225 votes and the result was declared on 15.6.2006 holding the Petitioner as Mukhia of the Gram Panchayat.

(3.) Against the aforesaid election of Petitioner, Election Case No. 4 of 2006 was filed by Respondent No. 7 under Section 137 of the Bihar Panchayat Raj Act, 2006 (hereafter referred to as 'the Act' for the sake of brevity) before the Munsif, Bikramganj in which the main points raised were that the Petitioner in his nomination paper had concealed the fact that he was accused in criminal cases and that the Petitioner had committed corrupt practices in obtaining votes by capturing booth No. 148 and booth No. 149 at Village-Hariharpur in collusion with the Presiding Officer and the polling party.