IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.496 of 2010 Suraj Singh Chandravanshi S/O Sri Nanaku Singh Chandrabansi R/O Mousa Aima, P.S.- Khizersarai, Distt.- Gaya ---- Petitioner/ Appellant. Versus 1. The State of Bihar through the Commissioner cum Secretary Panchayati Raj, Bihar, Patna 2. State Election Commission, Sone Bhawan, Birchand Patel Path, Patna through its Chief Election Commissioner 3. The Chief Election Commissioner, State Election Commission, Sone Bhawan, Birchand Patel Path, Patna 4. The Collector cum District Election Officer (Panchayat) Gaya 5. The Sub Divisional Officer Neemchak Bathani, Gaya 6. The Block Development Officer cum Election Officer (Panchayat ) Khizersarai Block, Distt.- Gaya 7. Krishna Thakur S/O Late Gardhari Thakur, R/O Vill.- Padumchak, P.S.- Khizersarai, Distt.- Gaya 8. Krishna Prasad S/O Ram Lakhan Ram R/O Vill.+ P.O.- Maksoodpur, P.S.- Khizersarai, Distt.- Gaya 9. Arvind Prajapat, S/O Sri Kameshwar Prajapat, R/O Vill. + P.O.- Maksoodpur, P.S.- Khizersarai, Distt.- Gaya 10. Guddu Kumar Singh Chandravanshi, S/O Mundrika Singh, R/O Vill.- Aima, P.O.- Aima Bazar, P.S.- Khizersarai, Distt.- Gaya 11. Manoj Kumar, S/O Sri Baleshwar Ram R/O Vill. + P.O.- Maksoodpur, P.S.- Khizersarai, Distt.- Gaya 12. Vijay Kumar S/O Madan Singh R/O Vill. + P.O.- Maksoodpur, P.S.- Khizersarai, Distt.- Gaya --- Respondents/Respondents. ----------- 2. 23.3.2011 Heard Mr. Ranjan Kumar Singh for the appellant, Mr. Jay Prakash Sharma, learned Assistant Counsel to Government Pleader No.XI for respondent no.1, and Mr. Sanjeev Nikesh for the State Election Commission, Patna. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the 2 petitioner of C.W.J.C. No. 5409 of 2008, which was dismissed by a learned Single Judge of this Court by order dated 3.2.2010, and the election of respondent nos. 7 to 12 has been upheld. 2. The appellant and respondent nos. 7 to 12 were contestants in the election of Panchayat Samiti of Chetra Sankhya-21 under Khizersarai Block, district-Gaya. The election had taken place on 18.5.2006. Respondent no.7 was declared elected and was issued requisite certificate. Aggrieved by the result, the appellant has preferred Election Petition No. 1 of 2006/3 of 2006 which had on contest been dismissed by the judgment dated 30.1.2008 by the learned Sub-ordinate Judge VI, Gaya, and impugned in the writ petition. 3. The writ petitioner advanced two-fold submissions before the learned Single Judge. In his submission, prayer for recount of the votes would have been allowed by the learned trial court and, secondly, in view of interpolation in the relevant documents, the entire election should have been set aside. Both the contentions have been rejected, and the writ petition has been dismissed. 4. We have perused the materials on record and 3 considered the submissions of learned counsel for the parties. The learned Single Judge has rejected the first submission on the ground that request for recount of votes ought to have been made before publication of the election result, but was instead made after result was announced. The second contention has been rejected on the ground that there has been interpolation in the number of votes polled by the appellant and there has been no interpolation in the number of votes polled by respondent no.7. We entirely agree with the order of the learned Single Judge in rejecting both the contentions advanced on behalf of the appellant. We do not find any merit in this appeal. 5. The appeal is dismissed. Vinay/ ( S. K. Katriar,J. ) ( S. P. Singh, J.)