S.B. Sinha, J.

1. The extent of jurisdiction of election tribunal to direct recounting of votes is the primal question involved in this appeal which arises out of a judgment and order dated 18.11.2002 passed by a Division Bench of the High Court of Judicature at Patna in L.P.A. No. 1149/2002 dismissing the appeal arising out of an order dated 7.10.2002 passed in Writ Petition marked as CWJC No. 5004/2002 whereby and whereunder a learned Single Judge of the High Court allowed the writ petition filed by the respondent herein questioning an order of the election tribunal dated 20.10.2001.

BACKGROUND FACTS:

2. The private parties hereto contested an election for the post of Mukhiya of Raj Gamhariya, Gram Panchayat. The said election was held on 19.4.2001 and the votes polled therein were counted on 20.5.2001. The contention of the appellant was that the returning officer had informed him that he had secured 900 votes out of which 150 had been declared invalid and, thus, he got 670 valid votes whereas the respondent Mahendra Rai had secured only 622 votes. However, when the result was finally declared on 21.5.2001,the 4th respondent herein was declared elected by securing allegedly 32 more