BAIJU SAHU Vs. MANJHI SAHU

JUDGEMENT

(1.) The petitioner seeks a writ of certiorari to quash the order dated 18.5.1979 passed by the District Judge, Madhubani, in Miscellaneous (Election) Appeal No. 4 of 1979, a copy of which has been incorporated in annexure 6 to this writ application. By that order the order passed by the Election Tribunal dated 9.3.79 under the Bihar Gram Panchayat Raj Act, 1947, 1947, in Election Petition No. 17 of 1978 has been set aside, a copy of the last mentioned order has been marked annexure 5 to this application.

(2.) The petitioner fought for the election of the office of Mukhiya of Salempur Panchayat under the Act. That election was held on 19.6.1978. The Returning Officer declared respondent No. 2 as the elected Makhaya.

(3.) Shorn of all details, the petitioner filed an application before the Election Tribunal making allegations of corrupt practices against respondent. The Election Petition, however, admittedly did not set forth full particulars of any corrupt or illegal practice which the petitioner alleged. Later on, in course of the proceedings before the Election Tribunal the plea of corrupt or illegal practice was given up and a prayer for recounting of the votes (ballot papers) was made. The Election Tribunal directed a recounting of the ballot papers to be done by the Block Development Officer of Madhwapur. In other words the Tribunal delegated the function of recounting to the B.D.O. After such a recounting having been made the petitioner was declared elected by the Election Tribunal on the basis of the report of the B.D.O.