Judgment

S.B. Sinha, J.—Leave granted.

2. This appeal is directed against the judgment and order dated 4.10.2004 passed by a Division Bench of the Patna High Court in CWJC No. 3205/2003, whereby and whereunder the writ petition filed by the 6th respondent herein, questioning an order dated 29.1.2003 passed by the State Election Commission, was allowed. The basic facts are not in dispute. The appellant was elected as a member of Nauhatta Panchayat Samiti from Ward No. 17, in that Panchayat in an unreserved seat in an election held on 11.4.2001. He was granted an election certificate by the competent authority on 14.5.2001. It is not in dispute that respondent No. 6 herein has filed an election petition in the Court of the Subordinate Judge, Saharsa, as Election Petition No. 6/2001, inter alia, praying for setting aside the declaration of the appellant herein as a member of Panchayat Samiti and for a declaration of himself as elected instead.

3. In the said election petition it was categorically stated that the O.P. No. 2 was a Dafadar and he was discharged from his post for his illegal and irregular conduct and against the order of discharge, O.P. No. 2 filed a writ petition in the Hig