IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.163 of 2008 KAPILDEO SINGH Versus MD.MUSHTAQUE & ORS ----------- For the appellant: Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Anant Kumar For the respondent no. 1 : Mr. Y.V.Giri, Sr. Advocate Mr. Ashok Kumar For the respondent no. 17 : Mr. K.B. Nath Mr. Sanjeev Nikesh --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 10th September, 2008 Since the order of the Election Tribunal lacks in clarity about the exact number of votes polled in the election and the exact number of valid and invalid votes, the single judge cannot be said to have erred in remanding the matter to the Election Tribunal for re- counting and then pass a fresh order sequel to the recounting. Letters patent appeal is disposed of accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/