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PURNENDU SINGH
Dev Narayan Sahu @ Dev Narayan Sah – Appellant
Versus
State of Bihar – Respondent
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 election by a margin of 25 votes.
(II) For issuance of an appropriate w
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
Election disputes must be addressed through statutory remedies, and writ petitions are not maintainable when an alternative remedy exists under the relevant election laws.
The court held that election challenges must be made through an Election Petition filed within the statutory period, emphasizing strict adherence to procedural requirements.
The election petition must contain specific grounds and a summary of circumstances justifying the questioning of the election result, complying with the provisions of the Act and rules.
Election petitions must demonstrate a prima facie case of irregularities for recounting of votes; non-framing of issues does not invalidate proceedings if parties understand the disputes.
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