AJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 20.12.2002 passed by the Munsif, Ist, Munger in Misc. Case (Election Petition) No. 21 of 2001 whereby it had directed for recounting of the votes.

(2.) Short facts giving rise to the present application are that the petitioner as also respondent No. 5 were candidates for. election to the office of the Mukhiya of Mokwa Gram Panchayat within Tarapur Block of Munger District, The election was held on 15.4.2001 in which the petitioner was declared elected and a certificate to that effect was given to him. Respondent No. 5 challenged his election by filing election petition before the Munsif which was registered as Misc. Case (Election Petition) No. 21 of 2001. During the pendency of the said election petition, Respondent No. 5, hereinafter referred to as the election petitioner, filed application for recounting of the votes. Petitioner, hereinafter referred to as the returned candidate, filed rejoinder and contested the prayer of the election petitioner. Out of some of the candidates who were impleaded as opposite party in the election petition, supported the election petitioner for recounting of the votes and the learned Munsif considering the same, directed for recounting of the votes holding that for expeditious disposal of the election petition and in conformity with the principle of natural justice same is necessary.

(3.) Mr. Ram Suresh Roy, Senior Advocate, appearing on behalf of the petitioner raises a very short point. He submits that the learned Munsif had directed for recounting of the votes in a mechanical manner.