- (1.) The petitioners have filed this writ application challenging the election of respondent no. 8 to the post of Up-Sabhapati of the Nagar Parishad, Raxaul. Upon votes being taken, the votes were equally divided. There were only two contesting candidates. Thus, in terms of Rule 96(2)(b) of the Bihar Municipal Election Rules, 2007, the Returning Officer was obliged to decide the fate in accordance with lots, following the manner as prescribed by the State Election Commission.
(2.) Petitioners challenge is that one Jaganath Kumar Sharma, who is an Assistant working in the office of Returning Officer, and who was assisting the Returning Officer in conduct of the said election, was asked to draw lots, even though he was present right through the proceedings and the lots were not properly folded and were identifiable. The result is, petitioner no. 9, namely, Subhra Devi unfairly defeated. Paragraph-12 of the writ application contains categorical statements of facts in this regard.
(3.) A counter affidavit' has been filed on behalf of the State, the Returning Officer and respondent nos. 2 & 5 respectively. The Returning Officer's stand is again in categorical terms that Jaganath Kumar Sharma was a staff in the office of the Returning Officer. As per the procedure prescribed by the State Election Commission, as contained in Annexure-C to the counter affidavit, a staff of the Returning Officer had to be the person to draw the lot and, as such, the said Sri Sharma had been nominated before the election. He was assisting in the election process. When it came to tie, he was asked to step out of the room. Lots were made and put in the box. He was asked to come back and draw a lot. The Returning Officer proceeded strictly in accordance with the procedures prescribed by the Commission.;