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ASHWANI KUMAR SINGH
Bibi Shahin Khatoon, wife of Syed Helal Ashraf @ Saiyed Helal – Appellant
Versus
State of Bihar through the Zila Nirwachan Padadhikari sah Samharta, Saharsa – Respondent
JUDGMENT :
The Bihar State Election Commission notified the election of Zila Parishad, Panchayat Samiti, Mukhiya, Sarpanch and Ward Member in 2016. The petitioner and respondent no.7 to 15 contested the election of Mukhiya of Gram Panchayat Simri, Block-Simri Bakhtiyarpur Saharsa, which was held on 28.04.2016. Thereafter, the counting was done on 02.06.2016 in Uchch Vidyalay, Simri Bakhtiyarpur, Saharsa. After counting, respondent no.7 was declared as returned candidate for the post of Mukhiya of Panchayat Raj Simri, Territorial Constituency No.20, Bakhtiyarpur, District-Saharsa, as she had got 994 valid votes whereas the petitioner had got 993 valid votes.
2. Being aggrieved by the result of election, the petitioner preferred Election Petition No.21 of 2016 in the court of Munsif-cum-Election Tribunal (for short ‘the Tribunal’), Saharsa seeking declaration of the returned candidate as winner for the post of Mukhiya announced on 03.06.2016 as illegal and void, as also for declaring that the respondent no.7 had won the election as a result of corrupt practice of the official respondents and for declaring that process of recounting was wrong and illegal and not binding upon the petitio
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