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 Retu