ARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 27-11-2002 passed by the Munsif, Sheikhpura in Election Petition No. 6 of 2001 whereby he has allowed the application filed by respondent No. 4 for exhibiting the ballot papers of Booth Nos. 58 to 70.

(2.) Short facts giving rise to the prese.nt application are that the petitioner as also respondent No. 4 contested the electibn for the office of the Mukhiya of Diha Gram Panchayat. In the said election, petitioner, hereinafter referred to as the returned candidate, was declared elected. Respondent No. 4 Dinesh Prasad, hereinafter referred to as the election petitioner, challenged the election of the returned candidate by filing an election petition before the Munsif, Sheikhpura which was registered as Election Petition No. 6 of 2001.

(3.) In the election petition, election petitioner filed an application dated 13-11 -2001 for marking the ballot papers as exhibits. In the application, it was stated that by order dated 10-7-2001, the ballot papers of Booth Nos. 58 to 70 were called for and as such, they be exhibited as exhibits. By the impugned order, the learned Munsif has accepted the prayer of the petitioner.