Shiva Kirti Singh, J.

This Letters Patent Appeal is directed against judgment and order dated 10.2.2010 whereby the learned single Judge has allowed writ petition bearing CWJC No.9242 of 2008 preferred by Sandhya Devi, respondent no.4. As a result, while reversing the order dated 31.3.2008 of the Election Tribunal, Jehanabad whereby Election Case No.15 of 2006 preferred by respondent no.4, was dismissed, the election of the appellant (respondent no.4 in the writ petition) on the post of Mukhiya of Gram Panchayat Kochahasa in the district of Arwal has been set aside.

2. The relevant facts are not in dispute and find incorporated in the order under appeal. The writ petitioner (respondent no.4 herein) contested the election for the post of Mukhiya in question and lost to the appellant by a margin of 37 votes. The voting took place on 24.5.2006. Counting of votes was held on 5.6.2006. A grievance appears to have been raised by the writ petitioner before the District Election Officer-cum- District Magistrate, Arwal on 6.6.2006 that some valid votes of the writ petitioner had been discarded as invalid and her valid votes and that of some other candidates had been included in the b