MUKESH RAM Vs. STATE OF BIHAR
LAWS(PAT)-2022-2-32
HIGH COURT OF PATNA
Decided on February 25,2022

Mukesh Ram Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) Petitioner has prayed for the following relief(s):- (I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent State Election Commission to call for the C.C. TV. Footage with respect to counting of votes for the post of MUkhiya of Grain Panchayat Raj, Maheshwara ( Territorial Constituency No.26 ) from the Respondent nos. 6 and pass necessary orders in exercise of its power under Sec. 123 of the Bihar Panchayat Raj Act, 2006 , if after the scrutiny of C.C. TV. Footage of counting it is found that no counting in the abovementioned constituency had taken place in the presence of the candidates of their Counting Agents, yet the result of election was declared and certificate of election was issued in favour of a candidate contesting the election . (ii) For a declaration that if the result of an election has to be declared only after the counting of votes in the manner prescribed under the relevant Rules and the instructions issued by the State Election Commission , any declaration of result without counting of votes in the manner prescribed is not a declaration in the eye of law and ,therefore, such declarations of result cannot he sustained. (iii) For issuance of an appropriate writ in the nature of MANDAMUS , commanding and directing the Respondent State Election Commission to countermand the election in the abovementioncd three constituencies , if aftei the scrutiny of C.0 TV. Footage of the process of counting , it is found that there was no counting of votes in the abovementioned three Constituencies in the presence of the candidates or their Counting Agents and go for fresh poll in accordance with law but only after brining suitable amendments under Bihar Panchayat Election Rules, 2006 regarding appointment of sufficient number of Counting Agents for keeping watch on the process of counting proportionate to the Counting Tables , so declared for counting of votes in a particular territorial constituency. (iv) For issuance of an appropriate writ in the nature of MANDAMUS , commanding and directing the Respondent nos. 1 to 5 to take action against the erring Officers entrusted with the task of counting of abovementioned three constituencies if after scrutiny of TV Footage of the process of counting , it comes to their light that the result of election was declared without counting of votes in presence of the candidates or their Counting Agents in violation of the provisions of the Bihar Panchayat Election Rules, 2006 and the detail instructions issued by the State Election Commission through its Hand Book for instruction regarding counting, 2021, soft copy whereof was sent to all the District Election Officers (Panchayat) -cum-District Magistrate, Bihar vide letter no. 3285 dtd. 25/8/2021. (V) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."
(3.) Learned counsel for the State opposes the petition stating that the petition is misconceived; raises disputed question of fact; is not in public interest; and that the issue can be best resolved at the local level by the appropriate authorities. After the matter was heard for some time, finding the Bench not to be agreeable with the submissions made by learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned i.e (Respondent No. 3, the State Election Commission (Panchayat), 3rd Floor, Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner) to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s). ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.