RUBI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. S.B.K. Mangalam, learned counsel appearing on behalf of the petitioner in CWJC No. 17369 of 2019, Ms. Mayuri assisted by Mr. Ravi Kumar Singh, on behalf of the petitioner in CWJC No. 19034 of 2019, Mr. Amit Srivastava assisted by Mr. Girish Pandey on behalf of the Election Commission and counsel for the State.

(2.) In both the writ applications the dispute relates to election of Mukhiya of Karbandiya Gram Panchayat in the district of Rohtas at Sasaram. Undisputedly, the recounting of votes for election of Mukhiya was completed on 3rd of June, 2016 but the certificate of election in favour of Priya Kumari was issued on 2nd of June, 2016, i.e. one day ahead the recounting of votes.

(3.) Cwjc No. 17369 of 2019 was filed by Priya Kumari for setting aside the order dated 31.07.2019 passed by the Munsif 1st, Rohtas in Election Petition No. 6 of 2016 filed by Rubi Devi, petitioner of CWJC No. 19034 of 2019, by which the election of Priya Kumari as Mukhiya of the Gram Panchayat in question was declared as void, whereas, CWJC No. 19034 of 2019 has been filed by Rubi Devi challenging the part of the judgment and order dated 31.07.2019 passed in Election Petition No. 6 of 2016 to the extent that Rubi Devi may be declared elected as Mukhiya of the said Gram Panchayat in consonance with 140 of the Bihar Panchayat Raj Act, 2006, (hereinafter referred to as 'the Act').