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2024 Supreme(Pat) 398

PURNENDU SINGH
Dev Narayan Sahu @ Dev Narayan Sah – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s S.B.K. Manglam, Awnish Kumar.
For the State : Mr. Kumar Alok (SC-7).
For the SEC : Mr. Ravi Ranjan.

Headnote: Read headnote

Purnendu Singh, J. – Heard Mr. S.B.K. Manglam, along with Mr. Awnish Kumar, learned counsels appearing on behalf of the petitioner; Mr. Kumar Alok, learned SC7 for the State and Mr. Ravi Ranjan, learned counsel for the SEC.

2. Petitioner has filed the writ petition inter alia for following relief(s): –

(I) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to declare the election of the respondent no.7 as the Mukhiya of Gram Panchayat Raj, Gangwara Bujurg under Runnisaidpur Block of Sitamarhi District, void on the ground that for the election of respondent no.7, the respondent nos.5 and 6 had crossed all their limits when they had undertaken a re-poll in Booth No.213 of Gram Panchayat Raj, Gangwara Bujurg after the counting of votes already polled in the said booth on 12.12.2021 by altogether a different Presiding Officers and based upon said re-poll, there was a re-counting and in the said recounting, the respondent no.7 was declared elected though in view of the votes polled in all 13 booths of the said Gram Panchayat, the petitioner was winning the elect

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