RAM RATAN YADAV Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) THIS is a Letters Patent Appeal by one Ram Ratan Yadav who is contender for the post of a Up - Mukhia in the elections to Gram Panchayat Budhawara, district Nawadah. The other contender on this post of Up -Mukhia was one Mumtaz Khan. The election was scheduled for 13 June, 2001. At the end of the elections of the 14 who could cast their votes 13 participated so that 7 votes went to Shri Ram Ratan Yadav and 6 to Shri Mumtaz Khan. After these votes had been recorded, the Mukhia Pankaj Kumar raised his objection that he as a Mukhia had been prevented from giving his vote. He had his objection recorded. It was his contention that the Executive Officer had prevented him from giving his vote and participating in the election of the Up -Mukhia. This objection is dated 13 June, 2001, and is on record. This was the day of the election also. On these facts there is no issue.

(2.) THE objection of the Mukhia was taken into consideration and the Acting Executive Officer upon finding that the Mukhia had been prevented by sufficient cause not to participate in the election of Up -Mukhia on 13 June, 2001, decided that the Mukhiya would be entitled to cast his vote as the law so permits him. The date for the Mukhia to cast his vote was scheduled on 24 November, 2001. These facts are not in the petition but in the counter affidavit. The petition had been filed about one month prior to the objection of the Mukhia being considered.

(3.) WITH the records standing that the Mukhia had been prevented from casting his vote, on 13 June, 2001 which he was entitled to the vote was cast in favour of one Mumtaz Khan. On this vote cast on 24 November, 2001 there was a tie.Each candidate received 7 votes each. The result of the election of Up -Mukhia was inconclusive. Now the Mukhia exercised his casting vote. The law permits him to do so.This vote was cast in favour of Mumtaz Khan. The balance of the tie was upset in favour of Mumtaz Khan. Mumtaz Khan now received 8 votes defeating Ram Ratan Yadav by a majority of one.