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2016 Supreme(Pat) 1340

I.A.ANSARI, CHAKRADHARI SHARAN SINGH
Bibha Devi wife of Abinash Kumar Thakur – Appellant
Versus
State Election Commission (Panchayat) – Respondent


Advocates Appeared:
For the Appellant : Mr. P.K. Shahi, Mr. Manish Kumar, Mr. Ajay Thakur, Mr. Gajendra Singh
For the Respondent: Mr. Kaushal Kumar Jha, Mr. K.C. Jha, Mr. Amish Kumar, Mr. S.K. Choudhary, Mr. Amit Srivastava, Mr. Girish Pandey, Mr. S.B.K. Mangalam, Mr. Ravi Ranjan

JUDGMENT AND ORDER :

I.A. Ansari, J.

Issue, involved in the present appeals, is: Upon the completion of an election to Gram Panchayat and after declaration of the results of such election, whether, in the light of Article 243-O, read with Section 138 of the Bihar Panchayat Raj Act, 2006, any challenge by a contesting candidate, attributing illegality to the manner of counting of votes, can be entertained by a High Court under Article 226 of the Constitution of India?

2. The issue, indicated above, has been thrown up in these appeals, which have arisen out of the judgment and order, dated 12.08.2016, passed by a learned single Judge of this Court, in C.W.J.C. No. 9918 of 2016, which came to be registered as a writ petition, under Article 226 of the Constitution of India, at the instance of Smt. Usha Devi, a candidate, who unsuccessfully contested the Panchayat Election, 2016, for the post of Mukhiya, Gram Panchayat Raj, Kansi, challenging the result of the said election, impleading therein the returned candidate, namely, Bibha Devi, who was respondent No. 6 in the writ petition aforementioned, and no other contesting candidates of the said election.

3. The said Bibha Devi, being aggriev






































































































































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