IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7519 of 2007 SRI GYANPAL SINGH JAIN Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : M/s Shiva Nandan Ray, Sr. Advocate Shri Rama Sinha, Advocate For the State : Mr. Birendra Kumar, AC to GP No.XIV For the Commission : Mr. J.P. Karan, Advocate For the Intervener : Mr. Rajendra Kumar Jain, Advocate 2 9.12.2009 Heard counsel for the petitioner and the State as well as learned counsel appearing on behalf of the intervener. The petitioner prays for a direction to the respondents to declare the election of the Board held on 12.10.2006. The petitioner states though the election was held on 12.10.2006, still the result has not been declared. He states that the respondents should get the votes counted expeditiously. Counsel for the State refers to Annexure-4 which is a letter dated 19.10.2006 of the Administrator of the Trust. In the aforesaid letter he has observed that counting should have taken place within seven days but up till now the same has not been done and as such he sought necessary guide lines from the Law Secretary. Bihar Swetambar Jain Religious Trusts Rules, 1955 has been framed pursuant to powers entrusted under section 82 of the Bihar Hindu Religious Trusts Act, 1950 (Bihar Act 1 of 1951). Section 5 provides that the counting of votes should take place by the 7th day after the date or the last date on which the 2 KHAN poll is taken. However, for reasons to be recorded if the counting does not take place within the aforesaid period, the same can be completed even beyond the aforesaid period. In view of the aforesaid proviso to Rule 5(b), I direct the respondents including the Returning Officer to have the vote counted if the same are intact, at the earliest preferably within three weeks from the date of receipt/production of a copy of this order, so that the result is declared. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)