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2020 Supreme(SC) 78

A.M.KHANWILKAR, DINESH MAHESHWARI
Chandeshwar Saw – Appellant
Versus
Brij Bhushan Prasad – Respondent


JUDGMENT :

A.M. KHANWILKAR, J.

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 27.8.2019 passed by the High Court of Judicature at Patna (for short, ‘the High Court’), thereby setting aside the order of the learned single Judge, dated 6.3.2019 and orders passed by the Court of Civil Judge (Junior Division)-cum-Election Tribunal, Danapur, District Patna, Bihar (for short, ‘the Election Tribunal’), dated 11.10.2018 and 11.4.2019 in Election Case No. 08/2016. Consequently, the above numbered election case filed by the appellant challenging the election of respondent No. 1 as returned candidate for the post of Mukhia, Artyapur Gram Panchayat No. 8 under Naubatpur Block, came to be dismissed.

3. Briefly stated, the election for the post of Mukhia, Artyapur Gram Panchayat No. 8 under Naubatpur Block was held on 6.5.2016, in which the appellant and respondent No. 1 alongwith 11 others had contested as candidates and after counting of votes on 4.6.2016, the respondent No. 1 was declared elected. During the counting, however, the appellant had noticed that number of valid votes cast in his favour were being rejected, while even invalid votes in favour of respond


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