(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)

We have heard counsel for the Appellant, State and for Respondent no.8.

2. The present Appeal arises from order dated 16.1.2013 dismissing CWJC No. 23350 of 2012 affirming the judgment/order dated 3. 12. 2012 of the Munsif–cum-Election Tribunal, Gopalganj in Election Petition no. 11 of 2011, filed by respondent no.8. The Learned Munsif set aside the election of the Appellant to the post of Mukhia of the Tivirwa Gram Panchayat, District Gopalganj, and ordered repoll at specified booths.

3. The Learned Single Judge held that the Appellant had been declared as the winning candidate by counting of illegal votes. The Tribunal rightly ordered for repoll on Booth Nos. 136, 140, 141, 141 “k” and 142 in view of the irregularities detected at the said booths.

4. The Tribunal held that only 436 votes were polled at booth 136 but the ballot box returned 444 votes. Likewise 306 votes were polled at booth 140 but 296 ballots were recovered. Similarly 197 votes were polled at booth 141 but 196 ballots had been found. 152 ballots were polled at Booth 141”k” but 151 ballots were recovered. 252 votes were polled at booth 142 but 262 ballots were recove