1149/2002 dismissing the appeal arising out of an order dated 7.10.2002 passed in Writ Petition marked as CWJC No.
Recounting of the ballot papers was held on 23.3.2002 as a result whereof the appellant was said to have secured 671 votes whereas the 4th respondent secured 667 votes.
The total votes polled by the appellant was shown as 670 and votes polled by the 4th respondent was shown as 702.
The 4th respondent being aggrieved by and dissatisfied therewith filed a writ petition before the Patna High Court which was marked as CWJC No.
The appellant allegedly moved an application for recounting of votesbefore the returning officer but the same was number entertained.
By an order dated 7.10.2002, the said writ petition was allowed whereagainst a Letters Patent Appeal was filed by the appellant herein which was dismissed by a Division Bench of the High Court.
The said election was held on 19.4.2001 and the votes polled therein were companynted on 20.5.2001.
Aggrieved thereby and dissatisfied therewith, a writ petition was filed by the 4th respondent herein which was, however, withdrawn.
The companytention of the appellant was that the returning officer had informed him that he had secured 900 votes out of which 150 had been declared invalid and, thus, he got 670 valid votes whereas the respondent Mahendra Rai had secured only 622 votes.
BACKGROUND FACTS The private parties hereto companytested an election for the post of Mukhiya of Raj Gamhariya, Gram Panchayat.
The Election Petition, therefore, thereafter was allowed by a judgment and order dated 6.4.2002.
5004/2002.
The appellant thereafter filed an election petition questioning the election of the 4th respondent herein before the learned Munsif, Raxoul, East Champaran primarily on the ground of irregularities in companynting of votes.
Before the election tribunal, the parties adduced their respective evidences whereafter the learned Munsif by an order dated 20.10.2001 directed inspection and recounting of ballot papers pursuant to or in furtherance whereof the Returning Officer, East Champaran was directed to produce the ballot papers.
However, when the result was finally declared on 21.5.2001, the 4th respondent herein was declared elected by securing allegedly 32 more votes than the appellant herein.
With Contempt Petition Civil No.
Hence this appeal by special leave.
174/2003 B. SINHA, J The extent of jurisdiction of election tribunal to direct recounting of votes is the primal question involved in this appeal which arises out of a judgment and order dated 18.11.2002 passed by a Division Bench of the High Court of Judicature at Patna in L.P.A. No.
5004/2002 whereby and whereunder a learned Single Judge of the High Court allowed the writ petition filed by the respondent herein questioning an order of the election tribunal dated 20.10.2001.
