MANJU DEVI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) HEARD.

(2.) THE writ petitioner was declared elected as member of the Bhojpur Zila Parishad in respect of its constituency no. 27. The same was challenged before the Vith Sub -Judge, Bhojpur at Arrah by Election Petition No. 6 of 2006 by respondent no. 7, who came second in the votes tally. All contesting candidates were made parties. It was, inter alia, alleged in the election petition that there had been efforts to restrain the voters at several booths and that there was inordinate delay and bunglings in the counting process. The relief that was claimed for setting aside the election of the writ petitioner declaring the applicant (respondent no. 7) as elected. Pursuant to notices issued by the Election Tribunal various persons appeared. The writ petitioner chose not to appear in spite of substituted service of notice. Parties present before the tribunal, led their evidences and after considering the same the election tribunal set aside the election of the writ petitioner and further declared respondent no. 7 elected. The writ petitioner challenges the said judgment and order of the election tribunal.

(3.) ON behalf of the writ petitioner it is submitted that in view of Sec. 139 of the Gram Panchayat Act and the plaint/ application before the election tribunal it would be seen that the pleadings were general and vague lacking material particulars. That being so, the election of writ petitioner could not be set aside, even though, the writ petitioner did not participate in the proceedings before the election tribunal.