SUGRIW RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner a returned candidate being aggrieved by the order dated 7-2- 2004 passed by Sub Judge 2, Bhagha, District West Champaran in Election Petition No. 23 of 2001 wherein the learned Judge has directed production of the ballot papers and recount of the same is before this Court, submitting inter alia that the order passed by the learned Court below is patently illegal and deserves to be quashed.

(3.) The facts necessary for disposal of the present writ application are that the respondent No.7 who was one of the contestants in the elections for the office of the Member, Zilla Parishad after being declared not elected field the election votes were not properly counted, he himself was declared elected and after the light went off, all of sudden with a dishonest intention the Returning Officer declared the present writ petitioner as elected candidate. It is submitted that because of the bungling in counting of the votes present was a fit case for direction of recount,