PRAMILA DEVI Vs. STATE ELECTION COMMISION

JUDGEMENT

(1.) BY this writ application, the petitioner has challenged the judgment and order passed by learned Munsif-ll, Bhojpur at Ara in Election Petition No. 6 of 2006 which was allowed on 15.4.2009 by which the petitioner's election as Mukhiya of Gram Panchayat Raj, Hetampur in Jagdishpur Block of District-Bhojpur has been set aside and on recounting, as done by the learned Munsif, Respondent No. 4 has been declared elected. The writ petition challenges the said judgment on grounds of grave procedural impropriety leading to wrong judgment.

(2.) RESPONDENT No. 4, who had filed the Election Petition aforesaid and succeeded therein, has appeared and filed a counter affidavit, rejoinders have been filed. Pleadings being complete, with consent of parties, the writ petition was heard for final disposal at this stage itself.

(3.) THIS is an admission of what transpired in Court on 13.4.2009 and clearly shows that petitioner's stand is correct. Mere filing of Hazri is not to be taken as presence of counsel or the party. Hazris are filed before the Court starts the day's business showing readiness to appear. The admission of respondent no. 4 in her counter affidavit, as quoted above, clearly shows that the learned Election Tribunal itself became a party to the litigation. That is not permissible.