PRAMOD KUMAR SINGH Vs. STATE ELECTION COMMISSION BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the judgment and order dated 23-9-2002 passed in C.W.J.C. No. 2884/2002. By the impugned order the writ petition was allowed and the judgment and order dated 15-2-2002 passed by the Munsif 2nd, Vaishali at Hajipur in Election Case No. 63/2001, whereby Election petition was allowed and election of respondent No. 4 as Mukhia of Agrail gram panchayat, district Vaishali was set aside and direction was given to the Election Officer to declare the petitioner as winning candidate and issue certificate to the aforesaid effect, was set aside.

(2.) The election of Agrail Gram Panchayat No. 22, district Vaishali for different posts was held on 19-4-2001. The petitioner, respondent No. 4 and others were candidates for the post of Mukhia. The counting of votes was held on 18-5-2001 but result of the election was withheld awaiting direction of the Election Commission with respect to votes polled at Booth No. 152. On 19-5-2001 a letter was sent to the State Election Commission stating therein that at Booth No. 152 polling has been reported more than 95% and as such requested for necessary direction. The State Election Commission by its letter dated 23-5-2001 directed to include the votes polled at Booth No. 152 and declare the result. However, result was not declared and again a report dated 23-5-2001 was sent to the State Election Commission that polling at Booth No. 152 was 102% and accordingly requested for direction. Again on 24-5-2001 a report was submitted to the Election Commission that polling at Booth No. 152 was 99.68%. The Election Commission, thereafter, on 26-5-2001 directed not to include the vote polled at Booth No. 152 for the purpose of declaration of result of ward member of the Panchayat, Mukhiya of the Panchayat, Panchayat Samiti and Zila Parishad and declare the result accordingly. On receipt of the aforesaid direction result was declared declaring respondent No. 4 as winning candidate for the post of Mukhia. Respondent No. 4 obtained 974 votes while the petitioner obtained 857 votes excluding the votes polled at Booth No. 152.

(3.) The petitioner filed Election petition bearing No. 63/2001 before the Munsif, II, Vaishali at Hajipur, challenging the declaration of respondent No. 4 as Mukhia of the said Gram Panchayat on the ground that cancellation of votes polled at Booth No. 152 was illegal and against the provision of law. The respondents appeared in the election case pursuant to the notice, filed theirwritten statements and adduced oral and documentry evidence. The learned Munsif after hearing the parties held that cancellation of votes polled at Booth No. 152 was illegal and result should have been published including the votes polled at Booth No. 152 as directed by the State Election Commission vide letter dated 23-5-2001. It was also held that the appellant after inclusion of votes polled at Booth No. 152 obtained 1107 votes and respondent No. 4 obtained 1020 votes and accordingly directed to declare the appellant as winning candidate for the post of Mukhiya and issue certificate to the aforesaid effect