HEMANT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed, complaining about the disobedience of the order dtd. 16/11/2021, passed by this Court in CWJC No.18945 of 2021, wherein this Court had recorded the assurance of the learned counsel appearing for the State Election Commission to the effect that the CCTV footage and other records of the Panchayat Election held in the year 2021 with regard to the constituency in question shall be examined to see as to whether the election was conducted in a free and fair manner, whereafter communication shall be sent to the petitioner.

(2.) The learned senior counsel for the State Election Commission, Shri Lalit Kishore has submitted by referring to the show-cause filed in the present case that after passing of the aforesaid order of this Court dtd. 16/11/2021, the opposite party no.2 had directed the concerned District Magistrate-cum-District Election Officer to send the CCTV footage of the counting process, whereafter the CCTV footage of the counting process of the petitioner's constituency was sent to the State Election Commission and a joint committee was constituted by the Commission to examine the CCTV footage, whereupon detailed findings were incorporated in a report, which was then placed in the relevant file and thereafter an order dtd. 11/5/2022 was passed by the State Election Commission, Bihar Patna, a copy whereof has also been communicated to the petitioner herein. It is also submitted that the opposite party, under the bona fide belief and considering the provisions contained under Article 243O(b) of the Constitution of India read with Sec. 138(b) of the Bihar Panchayat Raj Act, 2006 as also in view of the authoritative pronouncements of the Hon'ble Apex Court as well as this Court, on the subject matter had refrained from incorporating the findings arrived at upon examination/verification of the CCTV footage and other materials in the aforesaid order dtd. 11/5/2022, especially since the same could cause prejudice to the concerned election petitioner, in case of filing of an election petition, which in fact has been filed by the wife of the petitioner. Nonetheless, the learned counsel for the opposite party no.2 has produced the original file of the case in which findings have been recorded, upon verification of the CCTV footage, etc.

(3.) We have not only perused the aforesaid file produced before us but have also gone through the report in question and we are satisfied that the opposite parties have examined the CCTV footage and recorded their findings satisfactorily.