MEENA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been preferred against Judgment and Order dated 17.7.2008 passed by the Writ Court whereby Writ Petition bearing C.W.J.C. No. 9402 of 2007 was allowed and the order dated 21st July, 2007 as well as the order dated 30th October, 2007 passed in Election Petition No. 72 of 2006 by learned Munsif -I, Siwan were quashed.

(2.) The facts leading to this appeal and necessary for deciding the issues may first be noticed in brief. For the post of Mukhia of Gram Panchayat Raj Miyan -Ke -Bhatkan the appellant as well as respondent no. 10, Sunaina Devi filed nomination papers along - with respondent nos. 3 to 9. The election was conducted on 27th May, 2006. The counting was held on 15.6.2006 and respondent no. 11 (writ petitioner) Sunaina Devi was declared elected as a result of counting which shows that respondent no. 11 had secured 944 votes whereas the appellant had secured 886 votes. Thus, the winning margin of respondent no. 11 was 58 votes.

(3.) THE appellant filed election petition no. 72 of 2006 before learned Munsif -I, Siwan challenging the election of respondent no. 11 and also seeking declaration in favour of herself that she be declared the duly elected candidate. In course of hearing the election petition, by order dated 21.7.2007 the learned Munsif ordered for recounting of votes in open court. The Returning Officer was directed to bring the relevant materials so that the recounting may be done on 7th August, 2007. The writ petition bearing C.W.J.C. No. 9402 of 2007 was filed on 30th July, 2007, initially against the order directing for recounting of votes but when recounting was completed during the pendency of the writ petition, on the basis of recounting, final order was passed in the election petition on 30.10.2007 whereby the election of respondent no. 11 was set aside and the appellant (respondent no. 10 to the writ petition) was declared elected. The final judgment was also challenged in the same writ petition through I.A. No. 6087/2007. By an order passed in the writ case on 7.11.2007 not only the I.A. was allowed permitting challenge to final judgment dated 30.10.2007 but the said judgment was also stayed.