RAM RATAN YADAV Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) THE petitioner, contender to the office of the Up-Mukhiya of Gram Panchayat of Budhwaran, being aggrieved by the order dated 13-6-2001 recorded in present of the rival candidate, the Mukhiya and the Returning Officer, has come to this Court inter alia pleading that in view of the declaration of result relating to the votes secured by the candidate, condemned Returning Officer conducting election no authority to stay the result and was obliged to declare the result then and there. It is further contended that during pendency of this petitioner, contrary to the provisions of law the Returning Officer allowed the Mukhiya to cast his vote, creating a situation of equality and further allowed the Mukhiya to cast his casting vote in favour of the other respondent namely, Mumtaz Khan.

(2.) PLACING reliance upon Section 15(3) of the Bihar Panchayat Raj Act, 1993 learned Counsel for the petitioner submits that immediately after elections, every Gram Panchayat in its first meeting shall elect a Up-Mukhiya and thereafter, the election to the office of Up-Mukhiya would be held. According to him the Mukhiya of Gram Panchayat shall be a voter in the election of Up-Mukhiya and in case of equality of voters he has a right to cast the casting vote. He submits that from proceeding dated 13-6-2001 it does not appear that the Mukhiya, Pankaj Kumar, was restrained from exercising his right to case the vote, therefore, the returning officer was unjustified in not delaring the result and entertaining the objections raised by him.

(3.) FROM the proceedings dated 13-6-2001, it appears that after the name was proposed the other members constituting the Gram Panchayat cast their votes. Though the proceeding dated 13-6-2001 did not positively record that before counting of the said votes, the Mukhiya had raised any objection but from the report of the Black Development Officer as contained in Annexure-C, annexed to the show cause, it would clearly appear that immediately after the voters had cast their votes the Mukhiya raised an objection that in accordance with Section 15(3) Clause (ii) of the Act, he was entitled to cast his vote and in case equality was also entitled to cast his casting vote.