PREM KUMAR SAH Vs. BIHAR ELECTION COMMISSION

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the contesting respondent No. 5 and for the State Election Commission. The petitioner seeks quashing of the order dated 3.4.2012 passed by Munsif, Sadar-cum-Election Tribunal, Purnea in Election Petition No. 13/2011 by which he has rejected the petition filed by the petitioner under Order 12, Rule 6 of the Code of Civil Procedure for inspection of 31 votes polled in booth Nos. 185 and 186 by the same voters in favour of respondent No. 5 and to recast the result of the election by ignoring the double votes polled by the same voters and for consequential directions.

(2.) The petitioner, respondent No. 5 and other private respondents had contested the election for the post of Mukhiya of Gram Panchayat. Pipra on 24.4.2011 and the respondent No. 5 emerged as the successful candidate after the election and was declared elected by a margin of 24 votes, having obtained 1654 valid votes as against the petitioner who had received 1630 valid votes. The petitioner filed the election petition taking a clear stand that as many as 31 voters had been shown as voters in Ward No. 1 and Ward No. 2 who had cast their votes in Booth Nos. 185 and 186 both in favour of respondent No. 5. Accordingly, the prayer was for recounting of the votes and declaring the petitioner elected as the stand of the petitioner is that all those 31 voters are supporters of respondent No. 5.

(3.) In the written statement filed by the respondent No. 5, the fact that 31 such voters had their names in two voter lists and had actually cast their votes twice in booth Nos. 185 and 186 was admitted and the only dispute raised was that they were not supporters of respondent No. 5 rather they were the supporters of the petitioner.