HOSHILA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 16.5.2002 passed by the Munsif, Kaimur at Bhabua in Election Petition No. 125 of 2001 whereby he has directed for recounting of the votes.

(2.) Shorn of unnecessary details, facts giving rise to the present application are that the petitioner as also respondents No. 7 besides other persons were candidates in the election to the office of the Mukhiya of Parhi Gram Panchayat. In the said election, petitioner, Hoshila Tiwary, hereinafter referred to as the returned candidate, and respondent No. 7, Munna Singh, hereinafter referred to as the election petitioner secured equal number of votes but the luck favoured the returned candidate in the lot and he has been declared to have been elected to the office of the Mukhiya of the Gram Panchayat. Election petitioner challenged his election, inter alia, contending that in spite of protest made by him, the Deputy Development Commissioner did not recount the votes of all the booths but recounted the votes of Booth No. 90 of village Bhadaura and illegally declared three votes cast in favour of the election petitioner as invalid which made the number of votes polled by the election petitioner and the returned candidate equal and in spite of. the protest declared the returned candidate elected as Mukhiya as a result of draw of lots. Election petitioner further averred that he protested about the same by faxing a letter to the Chief Election Officer, Patna.

(3.) The leaned Munsif accepted the case of the election petitioner that he was leading by three votes but the returned candidate and his supporters started raising hue and cry and ugly scene was created at the counting hall and the Deputy Development Commissioner ordered for recounting of the votes and three valid votes cast in favour of the election petitioner at Booth No. 90 were declared invalid. The learned Munsif had after appreciating the evidence led on behalf of the parties directed for recounting of the votes.