RENU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 14.1.2013 passed by learned Sub-Judge-IV-cum-the Election Tribunal (hereinafter referred to as Election Tribunal) in Election Case No. 110 of 2011 (Annexure-1), the petitioner (respondent in the said Election Petition) has filed the present writ application seeking appropriate writ/order for quashing the entire election case pending before the Election Tribunal. According to the petitioner, continuance of the said proceeding is sheer abuse of the process of the law. By the said order, the Tribunal, on the consideration of the materials placed before it, both oral and documentary, came to the conclusion that the election petitioner, respondent No. 7 herein, had made out a case for recounting of the ballot papers and thus directed for recounting of the same in open Court in presence of the parties or their counsels. The relevant facts briefly be noticed for appreciating the submissions of the parties.

(2.) The petitioner as well as Respondent No. 7 contested election for being elected Member of the Zila Parishad Bettiah from Gaunaha Anchal of West Champaran. Apart from the petitioner and Respondent No. 7, eight other candidates had filed their nomination papers and contested the election. The voting had taken place on 9.5.2011 and the counting was made between 21.5.2011 to 23.5.2011. The result of the election was announced on 23.5.2011. The petitioner herein had secured 8524 valid votes whereas the Respondent No. 7 had bagged 8394 valid votes. Other candidates had also polled valid votes the details whereof is not necessary to be noticed. The petitioner was accordingly declared elected by a margin of 130 votes. The Respondent No. 7 thereafter filed the election petition before the Election Tribunal giving rise to Election Petition No. 110/2011. A copy of the election petition is enclosed as Annexure-5. The Respondent No. 7 prayed the following relief(s):--

(3.) On going through the election petition, it appears that an issue with regard to unfair counting of vote(s) was raised by the petitioner. In paragraphs 10 and 11 of the election petition, the Respondent No. 7 asserted as under:--