BIBHA DEVI WIFE OF ABINASH KUMAR THAKUR, RESIDENT OF VILLAGE AND P.O. KANSI, POLICE STATION Vs. THE STATE ELECTION COMMISSION (PANCHAYAT), SONE BHAWAN, BIRCHAND PATEL PATH, PATNA THROUGH THE STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) Issue, involved in the present appeals, is: Upon the completion of an election to Gram Panchayat and after declaration of the results of such election, whether, in the light of Article 243-O, read with Section 138 of the Bihar Panchayat Raj Act, 2006, any challenge by a contesting candidate, attributing illegality to the manner of counting of votes, can be entertained by a High Court under Article 226 of the Constitution of India

(2.) The issue, indicated above, has been thrown up in these appeals, which have arisen out of the judgment and order, dated 12.08.2016, passed by a learned single Judge of this Court, in C.W.J.C. No. 9918 of 2016, which came to be registered as a writ petition, under Article 226 of the Constitution of India, at the instance of Smt. Usha Devi, a candidate, who unsuccessfully contested the Panchayat Election, 2016, for the post of Mukhiya, Gram Panchayat Raj, Kansi, challenging the result of the said election, impleading therein the returned candidate, namely, Bibha Devi, who was respondent No. 6 in the writ petition aforementioned, and no other contesting candidates of the said election.

(3.) The said Bibha Devi, being aggrieved by the judgment and order, dated 12.08.2016, aforementioned, whereby the writ application stands allowed, has preferred Letters Patent Appeal No. 1639 of 2016. Another Letters Patent Appeal, bearing L.P.A. No. 1643 of 2016, has been preferred by another unsuccessful candidate of the said election, namely, Akila Khatoon, who was not arrayed as party-respondent, in the writ application aforementioned, questioning the legality of the judgment and order aforementioned passed by the learned single Judge. This is the reason why both these appeals have been heard together, with the consent of the parties, and are being disposed of by this common judgment and order.