VIJAY KAPARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE interlocutory application has been filed for addition of prayer to declare the election of respondent No. 5 as pramukh of Sangrampur Panchayat Samiti null and void and further to declare the petitioner as elected Pramukh of the said panchayat Samiti.

(2.) THE writ application was initially filed for quashing of the order dated 3-8-2006 passed by the State Election Commissioner by which he has held that the Commission was not competent to interfere once the results of the election to the post of Pramukh or Up-Pramukh is declared and any such matter can be considered by filing an election petition before the Sub Judge. As per the contention of learned counsel for the petitioner no such election petition being maintainable before the Subordinate Judge and no mechanism for redressal of election dispute relating to Pramukh and Up-Pramukh having been prescribed under Section 40 (4)of the Bihar Panchayat Raj Act, 2006 by the state Election Commission, the petitioner has no statutory remedy except to approach this Court for the said reliefs.

(3.) ON a consideration of the facts and circumstances, the prayer for addition of relief is allowed.