ZAKIR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is filed against the judgment and order, dated June 14, 2002 passed by Munsif I, Vaishali at Hajipur in Election Case No. 61 of 2001. By the impugned judgment, the learned Munsif allowed the election petition filed by respondent no. 5 under section 140 of the Bihar Panchayat Raj Act, 1993 , set aside the election of the petitioner as the Mukhiya of Rajasan Gram Panchayat, declared respondent no. 5 as the winning candidate in the election of Mukhiya and directed the respondent authorities to take the consequential measures in accordance with law.

(2.) ELECTION for the post of Mukhiya of Rajasan Gram Panchayat under Biddupur block in the district of Vaishali was held in April -May, 2000. There were twelve candidates in contest, including the petitioner and respondent no. 5. The polling was held on 11.4.2000 on 15 polling booths. The counting of votes commenced from 13.5.2000 and the result was announced on 18.5.2000 according to which the petitioner had got the highest number of votes (622) and he had defeated respondent no. 5 by a margin of 30 votes. He was, accordingly, declared as elected and was given the certificate in the statutory form.

(3.) IT will be appropriate here to take note of the case of respondent no. 5 as stated in the election petition and the relevant statements as contained in paras 8 to 10 are reproduced below :