Chandramauli Kr.Prasad, J.

1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the judgment dated 14th of February 2003 passed by the Munsif, 2nd Gaya in election petition No. 3 of 2001 (Annexure-1) whereby it had set aside the election of the petitioner as Mukhiya of Dehuri Gram Panchayat. By the impugned judgment, the learned Munsif has further directed the District Magistrate-cum-District Election Officer, Gaya for holding a fresh election.

2. Shorn of unnecessary details facts giving rise to the present application are that petitioner Devendra Yadav, hereinafter referred to as the returned candidate, as also respondent No. 5 Md. Anwar Hussain, hereinafter referred to as the election petitioner, were candidates for election to the post of Mukhiya of Dehuri Gram Panchayat in the district of Gaya. In the said election Devendra Yadav was declared elected. The election petitioner challenged his election by filing an election petition u/s. 140 of the Bihar Panchayat Raj Act, 1993 inter alia alleging that the returned candidate had collected arms, musclemen and anti-social elements to terrorise the voters of booth Nos. 14, 15, 16