BASANTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Record of Election Commission was summoned and has been returned back. Heard learned counsel for the parties.

(2.) The appellant is aggrieved against the order dated 19.10.2011 passed by the learned Single Judge in W.P. (C) No. 299 of 2011 whereby the writ petition of the petitioner-respondent was allowed.

(3.) The brief facts of the case are that the election of Mukhiya of Gram Panchayat (village Headman) under the provisions of Jharkhand Panchayati Raj Act, 2001 was held for Arari Gram Panchayat on 6th December, 2010. After counting of votes, for which, procedure has been prescribed in Jharkhand Panchayati Raj (Election) Rules, 2001, a certificate of election was issued in Form 22, as provided under Rule 84 of the Rules of 2001 in favour of the writ petitioner-respondent. However, that certificate dated 29.12.2010 was cancelled by the Election Officer by impugned order (Annexure-1 annexed with the L.P.A.) dated 30.12.2010 and the appellant was declared elected.