BABITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A common question is involved in all these writ cases, which are heard and taken up for decision together, as to whether the ballot papers marked with only the wooden portion of the instrument (commonly called a stamp) were rightly rejected by the authorities concerned while counting the votes cast by the voters in the elections held for various posts under the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act' for the sake of brevity) recently in the year 2006.

(2.) ADMITTEDLY the wooden stamps with rubber Swastik marks on the ends were supplied by the State Election Commission (hereinafter referred to as 'the Commission' for the sake of brevity) to all the booths for the use of voters for marking the ballots, but at many booths the rubber containing Swastik mark got detached and the Polling Officers of such booths allowed the voters to use the wooden portion of the said stamps for marking their ballots. However, the Commission having been satisfied that the rubber marks got detached from the wooden portions due to sub -standard materials used by the supplier, got criminal case lodged against the supplier company.

(3.) ON the other hand the learned Advocate General appearing on behalf of the State of Bihar and its authorities as well as the learned counsel for the Commission and its authorities argued that election processes in all the constituencies concerned are over and the results have already been declared and hence now only the prescribed authorities in a properly filed election petition can decide such matters in accordance with Article 243 -0(b) of the Constitution of India as well as Sections 137(1), 138(b) and 139(1)(d)(iii) of the Act and no ORDER :can be passed by this court under its writ jurisdiction as has t3en held in two recent Division Bench JUDGMENT :s of this court dated 6.7.2006 and 26.6.2006 passed in CWJC No. 7746 of 2006 (Brajbhushan Singh and Ors. vs. The State of Bihar & Ors.) and CWJC No. 7130 of 2006 (Ashok Yadav & Ors. vs. Union of India & Ors.), respectively.