IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19888 of 2021

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Uday Prakash Chaudhari Son of Late Hari Chaudhary, Ward No. 11,

Panchgava, Police Station - Semra, District - West Champaran.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj

Department, Government of Bihar, Patna.

2.

The State Election Commission, (Panchayat), 3rd Floor, Sone Bhavan,

Birchand Patel Path, Patna, through State Election Commissioner.

3.

The State Election Commissioner, State Election Commission (Panchayat),

3rd Floor, Sone Bhavan, Birchand Patel Path, Patna.

4.

The Secretary, the State Election Commission, (Panchayat), 3rd Floor, Sone

Bhavan, Birchand Patel Path, Patna.

5.

The District Magistrate - Cum - District Election Officer, (Panchayat), West

Champaran, District - West Champaran.

6.

The Sub Divisional Officer - Cum - Sub Divisional Election Officer,

Bagaha, District - West Champaran.

7.

The Block Development Officer - Cum - Election Officer, Bagaha - 2,

District - West Champaran.

8.

Bharat Kumar Gupta, Son of Mahanth Sah, Resident of Village - Bahuarwa,

Police Station - Laukariya, District - West Champaran.

... ... Respondents

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Appearance :

For the Petitioner

:

Mr. Baxi S.R.P. Sinha, Sr. Advocate

Mr. Zainul Abedin, Advocate

For the Respondents

:

Mr. Kameshwar Pd. Gupta (GP-10)

Mr. Satya Vrat, AC to GP-10

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH)

2

10-12-2021

This matter has been taken up for hearing online

because of COVID-19 pandemic restrictions.

Following are the reliefs which the petitioner is

Patna High Court CWJC No.19888 of 2021(2) dt.10-12-2021

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seeking in the present writ application :-

“(i) For issuance of a writ

in the nature of Mandamus directing

the respondents to cancel the

election of Mukhiya of Gram

Panchayat Raj Bakuli-Panchgava,

Block Bagaha-2 in the District of

West Champaran;

(ii) For issuance of a writ

in the nature of Mandamus directing

the respondents to recount the votes

of Panchayati Raj Bakuli-

Panchgava,

District

West

Champaran.

(iii) For issuance of a writ

in the nature of Mandamus directing

the official respondents to declare

the election of Respondent No. 8 as

null and void because he has been

elected as Mukhiya of Gram

Panchayat Raj, Bakuli Panchgava in

utter violation of rules and

regulations of Panchayati Raj Act;

(iv) For issuance of a writ

in the nature of Mandamus directing

the respondents to produce the

CCTV Footage and other records of

Panchayati Raj Election of Gram

Panchayat Raj Bakuli-Panchgava;

(v) For issuance of a writ

in the nature of Mandamus

commanding and directing the

respondent

State

Election

Commission to call for the C.C.T.V.

Footage with respect to counting of

votes of Bagaha, District West

Champaran Territorial Constituency

with respect to the Post of Mukhiya

Patna High Court CWJC No.19888 of 2021(2) dt.10-12-2021

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of Gram Panchayat Raj, Bakuli

Panchgava and with respect to the

post of Mukhiya of Gram Panchayat

Raj Bakuli Panchgava from

respondent no. 8 and pass necessary

orders in exercise of its power under

Section 123 of the Bihar Panchayat

Raj Act 2006, if after no scrutiny of

C.C.T.V. Footage of counting it is

found that no counting in the above

mentioned constituency had taken

place in the presence of the

candidate of his Counting Agent, yet

the result of election was declared

and certificate of election was issued

in favour of a candidate contesting

of election.

(vi) For a declaration that

if the result of an election has to be

declared only after the co