MEENA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) IN the present writ petition in addition to what has been stated above, the writ petitioner challenged the vires of Rule 75(1)(g) of the Bihar Panchayat Election Rules, 2006. According to the petitioner, by seeking to require a voter to mark a ballot only by the seal to be provided by the Election Commission, as provided in Rule 75(1)(g) of the said Rules, the democratic set up, being the mandate of the Constitution, has been interfered with. On facts, it was contended that the seals provided for marking the ballots were so defective that in a few ballots although the seals reflected the correct images thereof but in remaining it did not and, in consequence thereof, if the ballots are rejected in terms of the said Rules, for the ballots did not contain the correct image of the seals while marking the same, the same will constitute preventing the voters from exercising their right of choosing their representative.

(3.) IN the circumstances, we find no reason to declare the said Rule ultra vires, as has been prayed for in the writ petition and, accordingly, the writ petition is dismissed without any order as to costs.