JUDGMENT :

The instant writ petition under Article 226 of the Constitution of India have been instituted by the writ petitioner seeking a writ in the nature of certiorari/mandamus for setting aside and quashing of an order dated 06.12.2022 passed by the learned District Judge, Nalbari in the capacity of the Panchayat Election Tribunal in Election [P] Case no. 2/2019.

2. The relevant facts which are not in dispute, can be briefly stated as follows :-

In the General Panchayat Election held in the year 2018, the petitioner submitted her nomination to contest for the post of President in 59 no. Mukalmua Narayanpur Gaon Panchayat from a recognized political party. The respondent no. 6 had also submitted her nomination to contest for the same post of President, 59 no. Mukalmua Narayanpur Gaon Panchayat from another recognized political party. Another candidate, Smti Sofran Begum was also in the fray as an independent candidate. The election was held on 09.12.2018 and the counting of votes was scheduled to take place on 12.12.2018. After the election was over, the Deputy Commissioner, Nalbari accordingly arranged for counting for votes on 12.12.2018. The counting of votes in respect of the election to the post of President to 59 no. Mukalmua Narayanpur Gaon Panchayat was accordingly completed. After completion of counting of votes, the Deputy Commissioner declared the results of the same after preparing the result sheets. As per the Return of Election, published under Rule 44[7] of the Assam Panchayat [Constitution] Rules, 1995, the total ballot papers [including postal ballots] received were 8688 and 283 nos. of ballot papers [including postal ballots] out of those 8688 ballot papers were declared as rejected. Thus, the total no. of valid votes cast were 8405. The petitioner was declared elected to the post of President, 59 no. Mukalmua Narayanpur Gaon Panchayat on the strength of her securing 4075 nos. of valid votes. As per the result sheets, the respondent no. 5 secured 4072 nos. of valid votes whereas the independent candidate, Smti Sofran Begum secured 258 nos. of valid votes.

2.1. Aggrieved by and dissatisfied with the results so declared on 13.12.2018, the respondent no. 5 has preferred an election petition under Clause [b] of Section 129 of the Assam Panchayat Act, 1994, as amended [‘the Panchayat Act’, for short], before the Election Tribunal of the learned District Judge, Nalbari, constituted under Section 127 of the Panchayat Act. The said election petition has been registered and numbered as Election [P] Case no. 2/2019. In the election petition, the petitioner herein has been impleaded as respondent no. 1. For the sake of easy reference, the parties are being referred hereinafter as per the nomenclatures in the instant writ petition, that is, the petitioner herein i.e. the respondent no. 1 in the election petition would be referred as the petitioner and the election petitioner in Election [P] Case no. 2/2019 i.e. the respondent no. 5 herein would be referred to as the respondent no. 5.

3. In the election petition, the respondent no. 5 as the election petitioner had pleaded that after completion of counting, the counting staff declared that she secured highest nos. of 4082 nos. of votes whereas the petitioner herein i.e. the respondent no. 1 therein had secured 4050 nos. of votes with the independent candidate securing 258 nos. of votes. After so informing, the Returning Officer told the respondent no. 5 to leave the counting hall without giving any result sheets and winning sheets and the respondent no. 5 had accordingly left the counting hall with her counting agent. When the respondent no. 5 met the Returning Officer on the next date [13.12.2018] the Returning Officer gave her the result sheets wherein it was shown that she lost the election by a margin of three votes, with the petitioner securing 4075 nos. of votes and the respondent no. 5 securing 4072 nos. of votes.

3.1. It has been pleaded that the Election Officer and