DHANWARTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner and learned counsel appearing on behalf of the State Election Commission as well as learned counsel appearing on behalf of Respondent No. 6. The petitioner in effect prays for unseating respondent no. 6 and for issuance of certificate of being elected as Mukhiya in her favour.

(2.) The petitioner alongwith respondent no. 6 and others contested election for the post of Mukhiya of Agion Gram Panchayat held in the year 2011. On 18.5.2011, the counting of the result of Agion Gram Panchayat concluded and the Returning Officer issued details of election result under Rule 81(1) of the Bihar Panchayat Election Rules, 2006 (hereinafter referred to as 'the Rules'). As per the details of votes secured by the candidate mentioned in declaration form prepared under Rule 81(1) of the Rules, the petitioner polled 638 votes, whereas Dhanamuni Devi secured 637 votes. The grievance of the petitioner is that subsequently another declaration under Rule 81(1) of 2006 Rules was issued on 19.5.2011 by the same Returning Officer wherein the parties were shown to have polled different votes than the one shown in the earlier declaration issued on 18.5.2011. As per declaration issued on 19.5.2011, the petitioner is shown to have polled 629 votes, whereas Respondent No.6 Dhanamuni Devi was shown to have polled 636 votes,

(3.) The petitioner states that the number of votes polled by him and that polled by respondent no. 6 has subsequently been altered to favour respondent no. 6, She submits that the declaration issued on 18.5.2011 showed the total votes polled as 3224, whereas in the declaration dated 19.5.2011, the figure came down to 3216. The petitioner states that the respondents in collusion with each other favoured respondent no. 6 and ultimately she has been shown to have secured more votes than the petitioner. The petitioner has annexed newspaper report to show that money exchanged hands in the design to show respondent no. 6 victorious. The petitioner thus submits that the election of Respondent No. 6 be annulled and she be declared as having been elected as Mukhiya of the Gram Panchayat.