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2024 Supreme(Pat) 737

RAJIV ROY
Manju Devi wife of Satyendra singh – Appellant
Versus
State Election Commission (Panchayat) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.S.B.K. Mangalam, Advocate, Mr. Awnish Kumar, Advocate
For the Respondent:Mr. Kumar Alok, SC-7, Mr. Ravi Ranjan, Advocate, Mr. Girish Pandey, Advocate, Mr. Sanjay Singh, Sr. Advocate, Mr. Sanjay Kumar, Advocate, Mr. Surendra Kumar Choubey, Advocate

JUDGMENT :

Rajiv Roy, J.

Heard the parties.

(A) PRAYER:

2. The writ petition has been preferred for the following reliefs:

    (i) for issuance of an appropriate writ in the nature of CERTIORARI for quashing the judgment and order dated 29.08.2023 passed by the learned Election Tribunalcum- Civil Judge Junior Division, Bikramganj, District - Rohtas at Sasaram in Election Petition No.05 of 2021, whereby and where under the learned Civil Judge, Junior Division, Bikramganj has been pleased not only to set aside the election of writ petitioner as duly elected Mukhiya of Gram Panchayat Raj, Bharsara under Dinara Block of Rohtas District but had also been pleased to declare the election petitioner, the Respondent no.4 as the duly elected candidate for the post of Mukhiya of said Gram Panchayat;

    (ii) for a declaration that in view of the provisions contained under Section -140(1)(a) & (b) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Gram Panchayat Act), an election petitioner can be declared to have been elected by the prescribed authority but only after recording a finding that in fact it is the election petitioner had received majority of valid votes in the said election w

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