BEAUTY PATEL Vs. INDIRA DEVI

JUDGEMENT

(1.) This is a Letters Patent Appeal questioning the correctness of the judgment of the learned single Judge dated 3rd October, 2018 in C.W.J.C. No.11385 of 2017, whereby the learned single Judge has allowed the writ petition of the respondent and has quashed the order of recounting passed by learned Munsif on 19th of July, 2017 in relation to the election of the office of Mukhiya of Gram Panchayat Ekchari, Block-Kahalgaon, DistrictBhagalpur.

(2.) We had heard Shri Mirtyunjay Kumar Mishra, learned counsel for the appellant yesterday (11.03.2019) and had passed the following order:

(3.) Shri Mishra commenced his arguments by inviting the attention of the Court to the contents of the counter affidavit filed by the appellant before the writ Court, particularly paragraph 5 thereof, to urge that the request for recount had been made at the time of the counting of the votes and a complaint had also been lodged. He submits that timely action had been taken by the appellant and the authorities were fully informed of the same, yet no action was taken and this was also taken as a ground in the election petition.