IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5975 of 2009 KABUTARI DEVI Versus THE STATE OF BIHAR & ORS ----------- 3 21.7.2009 Heard learned counsel for the petitioner and learned counsel for the State. In the present writ application the petitioner is aggrieved by the order dated 28.1.2009 which has come to be passed in the Election Petition No. 43 of 2006. Petitioner was one of the unsuccessful candidates for the post of Ward Commissioner and for the reasons indicated in the election petition the election of respondent no.7 become a subject matter of challenge. Issues came to be formulated, evidence led and the tribunal come to a considered opinion that the plaintiff has not succeeded in her case based on which the election petition could be allowed. Submission of learned counsel for the petitioner is that certain illegality was carried out by the Returning Officer during the course of counting and she was illegally defeated. This aspect has been considered by the Election Tribunal but in absence of any evidence to corroborate the allegation no finding could be recorded in favour of the petitioner. Learned counsel for the petitioner has failed to point out any gross illegality. There is nothing to interfere with the impugned order. This writ application has no merit and it is dismissed as such. RPS (Ajay Kumar Tripathi,J.)