IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8826 of 2011 GAYATRI DEVI & ANR . Versus THE STATE OF BIHAR & ORS . ----------- 2. 19.05.2011 Heard learned Counsel for the petitioners and the learned Counsel for the State Election Commission. The grievance is that at Booth Nos. 81 & 83 of Gram Panchayat Raj Karmeth (North) there were irregularities in the voters list leading to corrections made by the Election Commission. The corrections remained erroneous inasmuch in that process certain individuals have voted at both booths. The petitioners are stated to have represented before the Commission. Counsel for the Commission rightly contends that it is a question of fact to be established from the Voters Turnout Register, report, if any, of the Presiding Officer etc. if votes have been cast at both booths by the same persons and which can only appropriately be examined in an election petition where evidence, both oral and documentary, shall be considered. The submission on behalf of the Commission is unexceptionable. But simultaneously, if irregularities in a poll process have been alleged and the Commission has statutory powers under Rule 71 of the Bihar Panchayat Election Rules, 2006 to order repoll, if facts and circumstances exists to its satisfaction, it cannot shirk from that statutory duty. Once the duty has been performed rest may remain a matter for an election petition. The writ application is disposed in the aforesaid terms with a direction to the Election Commission to act in accordance with law. Snkumar/- (Navin Sinha,J.)