(1.) These two writ petitions arise from two suits (filed under Section 140 of the Bihar Panchayat Raj Act, 1993) in which the elections of Mukhiyas of two Gram Panchayats, namely, Rampur Parihas and Basantpur come under challenge. Though the two cases relate to two separate Gram Panchayats (apparently adjacent to each other), they are closely inter-connected in a certain way.
(2.) Shahabuddin, the petitioner in CWJC No. 14322 of 2002 was declared elected as Mukhiya of Basantpur Gram Panchayat on 15/5/2001. His election was challenged by the nearest defeated candidate Awdhesh Kumar Gupta (respondent No. 5) by filing a case under Section 140 of the Act registered as Misc. No. 40 of 2002 before the Munsif Sadar-cum-Election Tribunal, Purnea. Similarly Asif, the petitioner in CWJC No. 6491 of 2003 was declared elected as Mukhiya of Rampur Parihas Gram Panchayat on 15/5/2001. His election too was challenged by another candidate in the election Deo Narain Rai (respondent No. 5). The case filed by respondent No. 5 was registered as Misc. No. 7 of 2003 before the Munsif Sadar-cum-Election Tribunal, Purnea.
(3.) One of the grounds on which the two elections were challenged was common in both the cases. It was stated that a set of sixty four people had cast their votes in both the Gram Panchayats. According to the plaintiffs in the two cases, the people whose names figured from serial Nos. 360 to 424 in the electoral list of booth No. 188 of ward No. 3 of Basantpur Gram Panchayat were the same as those whose names were mentioned at serial Nos. 154 to 220 of the voters' list of booth No. 185, ward No. 17 of Rampur Parihar Gram Panchayat. It was alleged that these sixty four people whose names were included in the voters' list of both the Gram Panchayats had cast their votes at both places and the two writ petitioners, the elected candidates had managed to secure the winning margin on the basis of the twice-cast votes of the aforesaid sixty four people. Here it may be noted that the winning margin at Basantpur Gram Panchayat was eighteen and at Rampur Parihar Gram Panchayat it was twenty six.