JAGTARAN SARIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was a contesting candidate for the post of Sarpanch., Gram Kutchery under Dharmdiha Gram Panchayat. The elections were notified on 25.2.2006. Polling was held and the votes counted on 16.6.2006. The petitioner was declared elected and the declaration certificate of her being elected as the winning candidate in Form 22 under Rule 82 of the Bihar Panchayat Election Rules 2006 (hereinafter referred to as the Rules) was issued in her name on 16.6.2006 itself.

(2.) THE respondent No. 5 who lost to the petitioner filed an application on 16.6.2006 before the District Magistrate, Madhubani, complaining that she had secured more votes than the petitioner but that the petitioner had wrongly been declared elected. She prayed for recounting of votes. Recounting then followed leading to cancellation of the declaration certificate issued in the name of the petitioner under the Rules and the issuance of a fresh declaration certificate in favour of respondent No. 5.

(3.) THE counter affidavit on behalf of the respondents 3 and 4 is candid in its admission that the winning certificate under Rule 82 in Form 22 was issued in favour of the petitioner. It then goes on to admit that the Returning Officer on the directions of the District Magistrate ordered recounting. The counter affidavit is silent with regard to the satisfaction in writing of the Returning Officer under Rule 79(2) for recounting. It is asserted that notwithstanding the declaration certificate issued in favour of the petitioner under Rule 82, the election process was still on in view of the directions of the District Magistrate.