NIKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State of Bihar and learned counsel for the Bihar State Election Commission. All the aforesaid cases are against the same order and the points involved in all of them are also the same, hence they are taken up together.

(2.) All these four cases have been filed for quashing order of the Bihar State Election Commission (hereinafter referred to as 'the Commission' for the sake of brevity) communicated by letter dated 3-6-2006 issued under the signature of the Secretary of the Commission cancelling the elections of Panchayat Samiti Beldaur Prakhand (District Khagaria) with respect to Election Area Nos. 7, 10, 13, 16 and 21 holding that counting of votes for those areas will not be held, whereas counting of votes for other areas would be held as per the fixed schedule on 9-6-2006 and also for directing the authorities concerned to hold counting of votes for those areas of the Panchayat Samiti for which elections were held on 27-6-2006.

(3.) Petitioner of CWJC No. 6763 of 2006 is concerned with Area No. 16 Kurban Gram Panchayat; petitioner of CWJC No. 6946 of 2006 is concerned with Area No. 13 Bobin Gram Panchayat; petitioner of CWJC No. 7086 of 2006 is concerned with Area No. 7 Bela Nawad Gram Panchayat; whereas petitioner of CWJC No. 7185 of 2006 is concerned with Area No. 10 Dumri Gram Panchayat.