NAGMA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) PETITIONER the returned candidate on the post of Mukhiya of Gram Panchayat Raj, Bikrampur within Kuchaikote Block in the District of Gopalganj is aggrieved by the order dated 12.9.2007 passed in Election Petition No. 18/2006 by the learned Munsif, Gopalganj, who has directed production of all ballot boxes of the said Gram Panchayat for the election held in. the year 2006 for the purpose of recounting. The order impugned is contained in Annexure -3 to the writ application. Contention of the petitioner is that the said decision of recounting ordered by the learned Munsif is in the teeth of several pronouncements both of this High Court as well as of the Hon ble Supreme Court. His primary submission is that in absence of any application having been filed under the mandatory provision of Rule 79 of theBi har Panchayat Election Rules, 2006 (hereinafter referred to as the Rules) recounting cannot be ordered as a routine exercise. He further submits that the pleadings in the election petition seeking such declaration is in absence of material facts stating irregularities and it is more in the nature of roving and fishing enquiry without a prima facie case having been made out in the election petition. He relies on a recent decision rendered by a Single Bench of this Court in the case of Banwari Yadav V/s. State of Bihar, 2007 4 PLJR 169 and the case of Chandrika Prasad Yadav V/s. State of Bihar, 2004 6 SCC 331 in support of his submissions.

(3.) SOME basic facts are that the petitioner contested for the post of Mukhiya of Gram Panchayat Raj, Bikrampur in the District of Gopalganj, election was held on 15.5.2006, counting was done on 16.6.2006 and since the petitioner secured 1040 votes out of 2892 valid votes, she was declared as the returned candidate. A certificate in this regard was also handed over to her and she was administered oath to the post of Mukhiya on 24.6.2006. Respondent No. 7 got 1036 votes. She being aggrieved by the said declaration of result filed an Election Case No. 18/2006 in terms of Section 137 of the Bihar Panchayat Raj Act. Her primary contention in the election petition was that her 140 valid votes were not counted by the Returning Officer despite objections having been raised in this regard and the result declared. The election petition filed by respondent no. 7 has been brought on record as Annexure -1 to the writ application.