MAHENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks to challenge the judgment and order, dated 6.4.2002 passed by the Munsif, Raxaul at Motihari, East Champaran in Election case No. 6 of 2000. By the impugned judgment and order, the learned Munsif allowed the election petitioner filed by respondent no. 4 under section 140 of the Panchayat Raj Act, 1993, set aside the election of the petitioner, declared respondent no. 4, the election -applicant as the returned candidate and directed the Dist. Election Officer, to take steps for administering to him the oath of office.

(2.) IN the election for the post of Mukhiya of Raj Gamhariya Gram Panchayat, there were 24 candidates, including the petitioner and respondent no. 4 (the election -applicant) in contest. The polling took place on 19.4.2001 and the counting of the votes was held on 20.5.2001. According to the election authorities, the petitioner secured 702 valid votes and respondent no. 4,670. while the rest of the candidates got much lesser number of votes. The petitioner was, therefore, declared as the returned candidate defeating his nearest rival, respondent no. 4 by a margin of 32 votes.

(3.) THE judgment and order, dated 6.4.2002 by which the election petition was finally disposed of was a formality because the case was already decided on the basis of a recount of votes held under the supervision of the court in pursuance of an earlier order passed in the suit on 20.10.2001. As a result of the recount respondent no. 4 was found to have got 671 votes and the petitioner only 667 votes, that is to say, four votes less than respondent no. 4. In the final judgment, therefore, the learned Munsif simply allowed the election petition after briefly stating the respective cases of the parties and incorporating the result of the recount. In this writ petition, therefore, what mainly came under challenge was the order passed by the Munsif allowing the prayer of respondent no. 4 for recount of votes.