CHANDRA DEO BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) The matter relates to election to the office of the Chairman and the Vice Chairman of the Zila Parishad, Rohtas.

(2.) On 10.8.2004, the matter was argued at a great length by Mr. Binod Kumar Kanth, learned senior counsel, assisted by his junior counsel on behalf of the petitioner and Mr. R.B. Mahto, learned senior counsel, .assisted by his junior counsel, on behalf of the private respondents and, thereafter, they agreed that since the matter was pending since long, let the controversy be set at rest by holding a fresh election and whoever would secure the majority votes would function as Chairman and the Vice Chairman of the said Parishad. Thereafter, on the basis of the said concession, a consent order was passed on 10.8.2004.

(3.) It appears that S.L.P. (Civil) No. 17547 of 2004 was filed before the Apex Court by the petitioner against the aforesaid order and a statement was made that no concession was made by the petitioner or by his counsel and an affidavit to that effect was also filed. The Apex Court disposed of the matter by order dated 26.8.2004, which runs as follows:-