1. Heard learned counsel the parties and perused the order under appeal which is common in both the appeals.

2. The appellant Sanjay Das of LPA No. 1203/09 approached this court through CWJC No. 14359/2008 against the order of the State Election Commission whereby his election was declared null and void by the State Election Commission on the ground that Election Commission was not communicated about the vacancies and, therefore, election was held without the authority of the Election Commission. During the pendency of the said election petition, treating the post of Pramukh in the concerned Panchayat Samiti vacant the State Election Commission decided to hold a fresh election. At the instance of appellant Sanjay Das an order of stay of the fresh election was passed by the writ court on 19.9.2008 but on that date itself the election was held between 11 AM and 1.10 PM and the election result was also announced by the competent authority before the District Magistrate could look into the fax message sent by the counsel for the State on 19.9.08 at 3.30 PM.

3. By the judgment and order under appeal the writ court has dismissed the writ petition on a finding that the action of