IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.986 of 2007 Kalawati Devi wife of Shri Uday Shankar Singh @ Uday Kumar Singh, resident of village and P.O.-Kaura, P.S. Jagdishpur, Dist.Bhojpur at Ara. --- Respondent no.7/Appellant Versus 1. The State Election Commission, Sone Bhawan, Veer Chand Patel Path, Patna, through the State Election Commissioner. 2. The State Election Commissioner, the State Election Commission, Sone Bhawan, Veer Chand Patel Path, Patna. 3. The Secretary, the State Election Commission, Sone Bhawan, Veer Chand Patel Path, Patna. 4. The District Election Officer ( Panchayat)-cum- The District Magistrate, Bhojpur, District-Bhojpur at Arrah. 5. The Returning Officer- cum- sub-Divisional Officer, Sadar, Arrah, District Bhojpur at Arrah. 6. The Assistant Returning Officer-cum-Block Development Officer, Barhara Block, P.S. Barhara, District Bhojpur at Ara. -----Respondents/Respondents 7. Smt.Manju Devi, wife of Sri Kanhaiya Singh @ Footani Singh, resident of village- Krishna Garh, Deoria, P.S. Barhara, Dist. Bhojpur at Arrah. ----Petitioner/Respondent 8. Kamal Devi wife of Damodar Singh, resident of village and P.O. Paiga, P.S. Barhara, District- Bhojpur at Arrah. 9. Malti Devi, wife of Nand Kishore Rai, resident of village- Chaman Ke Dera, P.O. Gunoh, P.S. Barhara, District Bhojpur at Arrah. 10 Yasoda Devi, wife of Kamal Kishore Ram, resident of village- Shivpur, P.O. Gundi, P.S. Barhara, District Bhojpur at Arrah. 11. Lal Munni Devi, wife of Satyendra Pandit, resident of village Dubey Chapra, P.O. Matukpur, P.S. Barhara, District Bhojpur at Arrah. -----Respondents. 06. 06.05.2010 None appears on behalf of the appellant. Heard Mr. Sanjeev Nikesh for the State Election Commission, and Mr. S.B.K. Manglam for respondent no.7. This appeal under clause 10 of the letters patent of the High Court of Judicature at Patna has been preferred by respondent no.7 of C.W.J.C.No. 7365 of 2007 (Smt. Manju Devi vrs. The State Election Commission & Ors.), and raises a grievance with respect to the order dated 31.10.2007, 2 whereby the writ petition preferred by respondent no.7 herein was allowed, declaration of result of election in her favour has been upheld, and the order of the learned Election Tribunal has been set aside. Hence this appeal at the instance of respondent no.7 of the writ petition. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. The appellant and respondent no.7 herein had contested the election for the post of member of Bhojpur Zila Parishad appertaining to constituency no. 27. The election result was declared in favour of respondent no.7 herein, leading to the election petition at the instance of the appellant herein. It is relevant to state that the election had taken place in 2006, and the term of office covered a period of five years. The election petition at the instance of the appellant herein was allowed, the result in favour of the respondent no.7 herein was set aside, with the consequential relief that the election petitioner was declared elected. Respondent no.7 herein preferred the aforesaid C.W.J.C.No. 7365 of 2007, which has been allowed on the ground that the pleadings of the election petitioner were vague, incapable of being answered and, therefore, it was not possible to lead evidence in accordance with law. Learned Single Judge has further held that there is no evidence of electoral malpractice. He has further found that the alleged electoral malpractice was with respect to counting of votes which, even if taken on its face value, cannot alter the ultimate result of the election. In that view of the matter, the order of the learned 3 Election Tribunal has been set aside, and result of the election in favour of respondent no.7 herein has been upheld. We entirely agree with the reasonings assigned by the learned Single Judge. We do not find any merit in this appeal. 3. In the result, the appeal is dismissed. In the facts and circumstances of the case, there shall be no order as to costs. Sym (S.K.Katriar,J) ( Kishore K. Mandal, J.)