IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9868 of 2011
Sunita Devi
Versus
The State Election Commission & Ors
2 24.8.2011
Heard counsel for the petitioner and learned counsel
appearing on behalf of the State Election Commission.
The petitioner seeks a direction to the respondent
authorities to recount the votes poled in the Panchayat Election,
2011 for the post of Mukhiya of Gram Panchayat Manikpur
(Constituency No.1) in Tarapur Block in the district of Munger.
The petitioner states that she lost election of
Mukhiya by margin of 4 votes only and as per circular issued by
the State Election Commission in case if the margin of defeat is by
less than 9 votes, then the Returning Officer ought to have ordered
for recounting of the votes on a petition filed by any of the
aggrieved party. The petitioner further states that in spite of
request, the Returning Officer did not recount the votes and as
such she represented to the State Election Commission by
Annexure-3.
Having considered the facts and circumstances of
the case, this writ petition is disposed of with an observation that
the State Election Commission would dispose of the
representation of the petitioner dated 22.5.2011 contained in
Annexure-3 preferably within three weeks from the date of
receipt/production of a copy of this order.
KHAN (S.P. Singh,J)