IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.8787 of 2010
MUNI CHARAN
Versus
THE STATE OF BIHAR & ORS
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03/ 12.07.2010 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the State Election
Commission.
2. I.A. No. 5459 of 2010 has been filed on behalf of
the petitioner for stay of the election of Gram Panchayat, Khurmabad
as well as for stay of operation of order dated 22.04.2010, by which
Munsif- I, Sasaram allowed Election Petition No.08 of 2006.
3. From the election petition (Annexure 5) filed
before the Munsif, Sasaram, it is quite apparent that it was filed by
respondent no.5 for the reliefs that recounting of all the ballots of all
the candidates for the post of Mukhiya of Gram Panchayat,
Khurmabad be ordered and after recounting certificate issued in
favour of opposite party no.3 (petitioner) be set aside and the election
petitioner be declared to be returned candidate, but by the impugned
judgment, the Munsif has set aside the election of the petitioner as
illegal, null and void and ordered for fresh election.
4. On the other hand, learned counsel for the
respondent-State and learned counsel for respondent no. 5 submit
that the Munsif was quite justified in passing the said order, on the
basis of which election is going to be held on 18.07.2010, in which
the parties have filed their respective nominations.
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5. In the facts and circumstances of the case, the said
interlocutory application is allowed. Let the operation of order dated
22.04.2010 (Annexure 1) passed by Musif-I, Sasaram in Election
Petition No. 08 of 2006 be stayed and the consequent election to be
held on 18.07.2010 for the post of Mukhiya of Gram Panchayat,
Khurmabad be also stayed during the pendency of this writ petition.
6. Let a copy of this order be handed over to Mr.
Sanjeev Nikesh, learned counsel for the State Election Commission.
MPS/ ( S N. Hussain, J. )