The main legal point established in the judgment is that once an election certificate is issued, the election process comes to an end, and any challenge to the election must be brought through the prescribed legal remedies.

1. Although the matter has come up on the application (I.A. No. 4202 of 2008) for vacation of interim order dated 2nd July, 2008 but since the appeal has not been admitted so far, we heard the senior counsel for the appellant and senior counsel for the respondent no. 7 on merits of the appeal.

2. Bereft of unnecessary details, the following undisputed facts may be noticed first:

(i) that, notification for election to the post of member, 22-Zila Parishad, Gaya, was published on 30th November, 2007.

(ii) that, pursuant to the aforesaid notification, sixteen candidates filed their nomination, one of which was rejected and fifteen candidates including the present appellant and respondent no. 7 remained in fray;

(iii) that, election was held on 23rd December, 2007, the voting was done through Electronic Voting Machine (EVM);

(iv) that, counting was held on 27th December, 2007, and result was announced by the Returning Officer on that day whereby present respondent no. 7 was declared returned. A certificate to that effect was issued on that very date i.e. 27th December, 2007;

(v) that, non- functioning/improper functioning of EVM at booth no. 146 was brought to the notice of Returning Officer by the appellant who accordingly informed State Election Commission. The State Election Commission cancelled the certificate issued to respondent no. 7 and thereby the election of the respondent no. 7 and ordered fresh election to be held on 31st December, 2007 at booth no. 146.

(vi) that, on 31st December, 2007 re-polling was held at booth no. 146 and based on the counting of the votes polled at booth no. 146 on 31st December, 2007, the present appellant was declared a returned candidate and certificate was issued on 1st January, 2008.

3. The present respondent no. 7 filed a writ petition before this Court challenging the actions of the State Election Commission and the Returning Officer in cancellation of the certificate issued to him and subsequent issuance of certificate in favour of the present respondent no. 7 and for declaration of the said actions void, unconstitutional and without jurisdiction.

4. The writ petition was contested by the present appellant. A counter affidavit was filed by him on 5th February, 2008. Along therewith a few documents were placed on record.

5. The Single Judge heard the concerned parties and by his order dated 27th February, 2008 allowed the writ petition and quashed and set aside the order of the Election Commission canceling the certificate issued to the present respondent no. 7 and, holding its action beyond jurisdiction. The Single Judge also quashed and set aside the certificate dated 1st January, 2008 issued by the Returning Officer in favour of the present appellant declaring him having been elected. It is this order of the Single Judge that is impugned in the present appeal.

6. Bihar Panchayat Election Rules, 2006 (for short, Rules, 2006) came into effect on 18th January, 2006. Rule 81 thereof provides for declaration of results which reads thus:

"Parinamo Kee Ghoshna. (1) Nirvachi Padadhikari ya pradhikrit padadhikari prapatra 21 men nirvachan parinam ki vivrani ankit kar yathasthiti gram panchayat ke sadasya/gram kachahari ke panch, mukhia, sarpanch tatha panchayat samiti/zila parishad ke sadasya ke liya us abhyarthi ko, jise adhiktam vidhimanya mat mile hain, nirvachit ghoshit karega aur usi prapatra men ise pramanit karega.

(2) Prapatra 21 ki hastakshrit prati zila nirvachan padadhikari ko tatha uske madhyam se ek ek prati ayog ko aur nideshak, panchayat raj ko bheji jayegi."

7. Form-21 has been appended in the Rules, 2006 that provides for declaration of election results.

8. Rule 82 of the Rules, 2006 provides that the Returning Officer shall grant election certificate in Form-22 to the candidate so elected after the declaration of the election results. Form-22 appended to the Rules, 2006, thus, provides for issuance of election certificate.

9. As noticed above, the result of the election