JUDGMENT

1. Since both the aforesaid writ petitions involve common question of law as also arise out of a judgment dated 22.09.2017, passed in Election Case No. 8 of 2016, by the learned Sub-Judge 1st, Nawada, the same had been made analogous almost at the very inception, hence, have been heard finally yesterday and today and a common judgment is being dictated.

2. Both the writ petitions have been filed for quashing the judgment dated 22.09.2017 passed in Election Case No. 8 of 2016, by the learned Sub-Judge 1st, Nawada whereby and whereunder the election of the petitioner of the first case to the post of Member of Panchayat Samiti of Gram Panchayat Raj, Paura, District-Nawada, has been declared void. Thus, the petitioner of the first case has prayed for allowing her writ petition, setting aside the aforesaid judgment dated 22.09.2017 and restoring her as the member of the Panchayat Samiti in question since she is the winning candidate. On the contrary, the petitioner of the second case has prayed for declaring her as the elected candidate, as a consequence of the election of the petitioner of the first case having been declared void by the aforesaid judgment dated 22.09.2017, passed in Election Case No. 8 of 2016.

3. The brief facts of the case are that a notification was published by the State Government regarding conduct of election of the three tier Panchayat Raj System in the year 2016, for the various posts at the Gram Panchayat level including the post of member of the Panchayat Samiti. The present case pertains to election to the post of member of Panchayat Samiti of Gram Panchayat Raj, Paura, Nawada Sadar Block, District-Nawada, bearing election area no. 24. The petitioners of both the aforesaid cases had filed their nomination for the post of member of the aforesaid Panchayat Samiti along with others and after due verification of nomination of candidates, nine candidates including the petitioners of the aforesaid cases were found eligible to contest the election, which was notified to be held on 22.5.2016. On 22.05.2016, polling had taken place and then, counting was held at a centre, namely, Kanhai Lal Sahu College, Nawada, on 30.05.2016. After completion of the counting of votes, a detailed result of the votes secured by the said nine candidates was published on 30.5.2016 & the petitioner of the first case was declared elected as member of the Panchayat Samiti, Gram Panchayat Paura, Nawada Sadar, Nawada and a certificate was issued to the petitioner of the first case dated 30.05.2016. Thereafter, the petitioner had taken oath as Member, Panchayat Samiti, Paura, Nawada and had started working on the said post.

4. The petitioner of the second case, who is also Respondent No. 5 in the first case, had then filed an election petition bearing Election Case No. 8 of 2016, before the learned court of Sub-Judge 1st-cum-Election Tribunal, Nawada, on 29.06.2016, inter alia, seeking a declaration that the election of the petitioner of the first case, who is also Respondent No. 7 in the second case, is void and had consequently prayed that she be declared as the winning candidate.

5. The learned court of Sub-Judge 1st, Nawada, by a judgment dated 22.09.2017, has set aside the election of the returned candidate i.e. the petitioner of the first case on the post of member of Panchayat samiti, Paura, Nawada, on the ground of corrupt practices having been committed for winning the election as also recounting of ballet papers have been done in violation of the statutory and mandatory provision and consequently the election of the petitioner of the first case to the post of member of Panchayat Samiti of Nawada from Gram Panchayat Raj, Paura has been declared to be void.

6. At this juncture, it may be relevant to mention here that during the pendency of the present writ petitions, the State Election Commission, Bihar, Patna, had come out with a letter dated 21.12.2018, whereby the bye-election for the post of member of the panchayat samiti