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 writ in the nature of mandamus, commanding and directing the respondent nos.1, 2 and 3 to deal with respondent nos.5 and 6 with iron hands since they have committed a fraud upon the democracy and the electorates residing in Gram Panchayat Raj, Gangwara Bujurg by holding a re-poll in Booth No.213 of the said Gram Panchayat and declaring the respondent no.7 as a returned candidate from the post of Mukhiya of said Gram Panchayat, otherwise, it will difficult to sustain the democracy and the democratic institution in the State of Bihar.

(III) For a declaration that though the State Election Commission has been constituted to ensure the constitution of grass root democracy by holding a free and fair election but it has miserably failed to conduct a free and fair Panchayat Election, 2021 at least in the petitioner’s gram Panchayat when it remained a silent spectator even when the fraud committed by the respondent nos.5 and 6 was duly communicated to the State Election Commission by the petitioner.

(IV) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.”

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner had been declared as a returned candidate in the poll held on 12.12.2021 for the post of Mukhiya of Gram Panchayat Raj Gangwara Bujurg, having received the largest number of total votes in favour of the petitioner is 1073 in all 13 booths, as would appear from Annexure P1, to which no objection was made by any of the participating candidates, including respondent No.7. In favour of respondent no.7, altogether 1048 votes were cast and a specific statement has been made in this regard in paragraph 9 of the writ petition.

4. Learned counsel submitted that in absence of any objection alleging that the EVM machine was malfunctioning from the candidates to the office on duty who were present at the time of casting of the vote on 12.12.2021 or its counting, the action of the respondent no. 6, who is the Returning Officer, directing for holding re-poll of booth No.213 on 15.12.2021 is illegal and biased in favor of respondent no. 7, who had secured less votes than the petitioner. On the basis of re-poll dated 15.12.2021 in booth no. 213, respondent no. 7 has been declared as returned candidate by a margin of 62 votes, which is an illegal action in absence of any objection raised and application filed by respondent no.7 for recounting of votes on 12.12.2021. Learned counsel further submitted that the petitioner has raised specific objection in his complaint dated 18.12.2021 before the State Election Commission, Gangwara Bujurg, Gram Panchayat Sitamarhi regarding the biased actions of the respondents con