Document Fragment View
Fragment Information
Showing contexts for: reelection in Anita Devi vs The State Election Commission on 7 July, 2025Matching Fragments
IV. For issuance of any other appropriate writ or direction for which the petitioner is otherwise entitled in the eye of law."
3. Learned Senior Counsel appearing for the petitioner submits that after setting aside the election of Smt. Anita Devi (respondent no.4) from the post of Mukhiya of Gram Panchayat, Patna High Court CWJC No.3937 of 2024 dt.07-07-2025 Bhetaura, the Election Tribunal ought to have declared the petitioner as successful for the post of Mukhiya of Gram Panchayat, Bhetaura, having received majority of the valid 2212 votes and therefore the direction of the Election Tribunal to conduct reelection is improper and to that extent it should be set aside.
6. From a careful reading of the judgment and order dated 08.01.2024 passed in Election Petition No.01 of 2023, it is manifest that the Election Tribunal has given a finding that there was improper reception of 24 votes which 'materially affected' the election of the respondent no.4 to the post of Mukhiya of Gram Panchayat, Bhetaura. In fact in paragraph nos.89 and 92 of the judgment and order dated 08.01.2024, the Election Tribunal has given elaborate reasons as to why no candidate can be declared winner and that reelection is only outcome. Paragraph-89 and 92 of the judgment is quoted herein below for needful.