IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.10059 OF 2011 REHANA PRAVEEN W/O AKELA GILWAN, VILLAGE DHRUV VILAS, POST OFFICE CHAK MAKA POLICE STATION JANKI NAGAR BLOCK BANMAKHI, DISTRICT PURNEA. VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, BIHAR. 2. THE SEC, SONE BHAWAN, PATNA 3. DISTRICT MAGISTRATE CUM DISTRICT ELECTION OFFICER, PANCHAYAT, PURNEA 4. THE SUB DIVISIONAL OFFICER CUM RETURNING OFFICER BANMANKHI, PURNEA 5. THE DCLR CUM ASSTT RETURNING OFFICER, BANMAKHI, PURNEA. ----------- 2. 28.07.2011. Heard learned counsel for the petitioner, State and the State Election Commission. The petitioner was one of the candidates for the post of Mukhia of Maharajganj Gram Panchayat within Banmanki block in the district of Purnea. The petitioner submits that she was defeated in the said election by 8 votes. She further submits that she had prayed for recounting of votes in terms of Section 79(1) of the Bihar Gram Panchayat Act, 2006 (hereinafter referred to as the Act). Learned counsel for the State Election Commission submits that it would appear from Annexure 4 that not only result of the election has been announced but the certificate has also been issued to the winning candidate and in such a situation the certificate can only be annulled 2 while hearing the election petition. He further submits that recounting would have held relevance if the same was done before the issuance of certificate to the successful candidate. Section 79 of the Act provides that if an application for recounting of votes is filed, the Returning officer or the officer duly authorities by him should normally allow recounting, particularly when the difference of vote is very minimal and till then the certificate should not ordinarily be issued to the winning candidate. In the instant case, it appears that the District Magistrate, Purnea has sought for a show cause from the District Returning Officer as to why recounting was not ordered, when the margin of votes was within 9 votes. As in the instant case, certificate has been issued to the winning candidate, I would only observe that the petitioner may seek his remedy by way of election petition. The writ petition is disposed of with the aforesaid observations. Shashi. (Samarendra Pratap Singh, J.)