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2010 Supreme(Pat) 10

NAVANITI PRASAD SINGH
Raj Kumar Singh Son Of Baliram Singh – Appellant
Versus
State Election Commission, Sone Bhawan, Birchand Patel Path, Patna Through The State Election Commissioner – Respondent


JUDGEMENT

1. Petitioner was elected Mukhiya of Nargada Gram Panchayat under Barhara Block of District-Bhojpur. The elections were held in the year, 2006. After the election, respondent No. 4 filed an election petition challenging the election of the petitioner. Parties appeared, issues were framed and ultimately the election petition was allowed. The election of the petitioner was set aside on ground of wrong acceptance of his nomination on primarily three grounds to which I will advert later. Once this judgment was passed, the election petitioner sought a clarification and most curious thing happened. The judgment having been delivered holding the election of petitioner invalid now, by a subsequent order, the Election Tribunal corrects its judgment and declares the election petitioner (respondent No. 4 here) as elected. This Court fails to understand how this could be done because once nomination of petitioner is held to be invalid then the whole election process has to undergo fresh contest because it is not known as to for whom the voters, who had voted in favour of the petitioner, would vote in event of re-election. Thus, at the outset itself, I have to hold that the subsequent





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