The writ petitioner by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India has questioned the judgment and order dated 12.1.2015 passed by the Civil Judge (Junior Division)-II–cum- Election Tribunal, Begusarai in Election Petition No.23 of 2011, whereby the court below has been pleased to set aside the election of the writ petitioner to the post of Mukhiya, Gram Panchayat Raj, Para under Birpur Block in the district of Begusarai.

Facts of the case are in very narrow compass. The election to the post of Mukhiya, Gram Panchayat Raj, Para in the district of Begusarai was held on 3.5.2011 in which the petitioner was declared elected. An election petition was filed on behalf of the respondent no.4 and which has been allowed, inter alia, on grounds that 75 votes polled at booth no.102 was invalid and thus on grounds of improper reception of votes/reception of void votes, the result drawn in favour of the writ petitioner was materially affected and stood vitiated. The returned candidate being aggrieved is before this Court.

Mr. S.B.K. Manglam, learned counsel has appeared for the returned candidate who is the writ petitioner before this Court. W