IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17390 of 2008 SMT.GIRIJA DEVI, W/O ASHOK SAH, RESIDENT OF VILALGE SRI RAMKALHUAN, P.O. KOLHUAN, P.S. MANJHAGARH, DISTT. GOPALGANJ. Versus 1. THE STATE OF BIHAR. 2. THE STATE ELECTION COMMISISONER, BIHAR STATE ELECTION COMMISSION SONE BHAWAN, BIRCHAND PATEL MARG, PATNA. 3. THE SECRETARY, BIHAR STATE ELECTION COMMISSION OFFICE, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA. 4. THE DISTRICT PUNCHAYAT RAJ OFFICER, GOPALGANJ, DISTRICT GOPALGANJ. 5. THE COLLECTOR CUM DISTRICT ELECTION OFFICER, GOPALGANJ. 6. THE S.D.O. CUM RETURNING OFFICER, GOPALGANJ DISTT. GOPALGANJ. 7. THE CIRCLE OFFICER CUM BLOCK RETURNING OFFICER, MANJHAGARH DIST. GOPALGANJ. 8. ARADHANA KUMARI W/O SRI BALRAM MAHTO R/O SRI RAM KOLHUAN, P.O. KOLHUA, P.S. MANJHAGARH, DIST. GOPALGANJ. 9. KAMLAWATI DEVI W/O SRI MAHANTH SAH, R/O SAHLADPUR P.O. KOLHUA, P.S. MANJHAGARH, DISTT. GOPALGANJ. 10. KISHORI DEVI W/O SRI PARBHU SAH R/O SRI RAM KOLHUA P.S. MANJHAGARH, DIST GOPALGANJ. 11. KAUSHLYA DEVI W/O SRI PHULCHAND PD. R/O VILL DANAPUR, P.S. MAN JHAGARH, DIST GOPALGNAJ. 12. CHINTA DEVI W/O KAILASH SAHNI, R/O SAHLADPUR, P.S. MANJHAGARH, DIST GOPALGANJ. 13. GITA DEVI W/O SRI HARENDRA SINGH R/O DANAPUR NAYA TOLA, P.S. MANJHAGARH, DIST GOPALGANJ. 14. TORA KHATOON W/O SRI SAHJAHAN , R/O VILL KOLHUA SRI RAMPUR, P.S. MANJHAGARH, DIST GOPALGANJ. 15. JUMRATAN KHATOON W/O SRI RAJ MOHAMMAD BAITHA, R/O JAGARNATHA, P.S. MANJHAGARH, DIST GOPALGANJ. 16. NAZMA KHATOON W/O SRI DUBAI MIAN, R/O VILL DANAPUR, P.S. MANJHAGARH, DIST GOPALGANJ. 17. SHARDA DEVI WIFE OF SRI BHUKHLAL SAH, R/O SAHLADPUR, P.S. MANJHAGARH, DIST GOPALGANJ. 18. SHIVKUMARI DEVI W/O SRI NAGINA MAHTO R/O DANAPUR, P.S. MANJHAGARH, DIST GOPALGANJ. 19. SHIVKUMARI DEVI(2) W/O SRI DUDHANATH MAHTO VILL KOLHUA, P.S. MANJHAGARH, DIST GOPALGANJ. For the petitioner : Mr. Harendra Pd. Singh, Advocate. For Election Commission : Mr. Sanjeev Nikesh, Advocate. For the State : G.A.-3. For respondent no.7 : M/s. Ram Kishore Singh, Sushil Kumar, Rajnish - 2 - Kumar. Choubey, Advocates. ----------- 04. 20.12.2010 Having heard counsel for the parties and having appreciated the fact that recounting of the votes polled was done in presence of the petitioner in which she is found to have secured lesser vote than the winning candidate, which is evident from the recounting chart over which the signature of the petitioner is also there and such fact is evident from the discussion made by the court below in paragraph-12 of order dated 19.9.2008, Annexure-5. I do not see any illegality in the order impugned. The writ petition is dismissed. Rajesh/ (V.N. Sinha, J.)