PRABHAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner against the judgment and order dated 20.05.2009 passed by the Munsif, Sheikhpura in Election Case No. 7 of 2006 by which he has set aside the election of petitioner as Mukhiya of Gagri Gram Panchayat in the district of Sheikhpura and declared respondent No. 6, who was the election petitioner, as elected Mukhiya. Respondent No. 6 has since appeared and counter affidavits have been filed with rejoinder thereto. With consent of parties, this writ petition was heard at this stage itself for its final disposal.

(2.) Elections for the post of Mukhiya of Gagri Gram Panchayat were held on 02.06.2006. The counting of votes was done on 06.06.2006. After counting, on 06.06.2006 itself, petitioner first requested recount of votes at one polling booth. Thereafter, on 07.06.2006, he, in writing, requested for recount of votes declared to be invalid alleging that large number of his valid votes were rejected as invalid. The Returning Officer entertained both these applications of petitioner and pursuant to recount for each booth, the statutory Form 20 were revised and then a formal declaration was issued in statutory Form 21 declaring petitioner elected as Mukhiya of Gagri Gram Panchayat by a margin of 23 votes over respondent No. 6. Respondent No. 6 immediately protested on the declaration of results in writing to various authorities and, getting no redressal, filed the instant election case being Election Case No. 7 of 2006.

(3.) Initially when the election petition was filed, a copy of which is Annexure-3, there was prayer for recount of votes but then by amendment petition subsequently relief (ia) was added for declaring results on basis of Form 20 excluding addition and subtractions thereby. In the election case, the third contesting candidate was also made a party but inspite of notice, he did not choose to appear and, as such, the proceedings proceeded ex parte against him.