IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.155 of 2008 MANJU DEVI wife of Sri Yamuna Prasad, resident of Village Alaudia Sarai, P.S. Manpur, District Nalanda at Biharsharit … … Appellant Versus 1. THE STATE ELECTION COMMISSION, Sone Bhawan,Birchand Patel Path, Patna through the State Election Commissioner 2. The State Election Commissioner, The State Election Commission, Sone Bhawan, Birchand Patel Patha, Patna 3. The District Election Officer, Nalanda at Biharsharif, District Nalanda at Biharsharit 4. The Returning Officer-cum- The Sub- divisional Officer, Nalanda at Biharsharif, District Nalanda at Biharsharif 5. Satyendra Kumar son of Jai Kishun Prasad, resident of village Alaudia Sarai, P.O.Tiuri, P.S. Manpur, District Nalanda at Biharsharif 6. Sidheshwar Paseanm son of Kashi Paswan, resident of village Mustafapur, P.S. Manpur, District Nalanda at Biharsharif 7. Paras Paswan son of Yamuna Paswan, resident of village Paroha, P.S.Manpur,District Nalanda at Biharsharif 8. Dinesh Rajak, son of Ramdhin Rajak, resident of village Sarbahadi, P.S. Manpur,District Nalanda at Biharsharif 9. Rajendra Paswan son of Yamuna Paswan, resident of village Paroha, P.S.Manpur, District Nalanda at Biharsharif 10 .Renu Devi, wife of Mangal Paswan, resident of village Itaura, P.S.Manpur,District Nalanda at Biharsharif 11. Sidheshwar Paswan, son of Ramji Paswan, resident of village Paroha, P.S. Manpur, District Nalanda at Biharsharif 12. Banarsi Paswan son of Puna Paswan, resident of villae Muraura P.S.Bihar, District Nalanda at Biharshari 13. Sanay Chaudhary, son of Shivan Chaudhary, resident of village Singhdhu, P.S.Manpur, District Nalanda at Biharsharif 14. Prem Prakash son of Ram Sharan Paswan, resident of village Upraura, P.S.Bihar, District Nalanda at Biharsharif 2 15. Parmanand Chaudhary, son of Banke Lal Chaudhary, resident of village Mai Farida, P.S.Rahui, District Nalanda at Biharsharif 16. Ramanand Vidyarthi, son of Budhu Paswan, resident of village Rana Bigha, P.S.Dip Nagar,Disttrict Nalanda at Biharsharif 17. Rajendra Paswan son of Budhu Paswan, resident of village Singhthu, P.S. Manpur,District Nalanda at Biharsharif 18. Kaleshwar Ravidas, son of Bhuneshwar Ravidas, resident of village Singhthu, P.S.Manpur, District Nalanda at Biharsharif 19. Nagendra Kumar son of Manohar Das Paswan, resident of village Meyar, P.S. Noorwsarai, District Nalanda at Biharsharif 20. Arun Chaudhary, son of Mukesh Chaudhary, resident of village Mandachh P.S.Dip Nagar,District Nalanda at Biharsharif 21. Bal Kishun Paswan, son of Firangi Paswa, resident of village Tiuri, P.S. Manpur, District Nalanda at Biharsharif 22. Rabindra Paswan, son of Brij Nandan Paswan, resident of village Jakki Korari, P.S. Belchhi, District Patna 23. Ajay Kumar son of Shibu Lal Paswan, resident of village Makhuwan, P.S. Manpur, District Nalanda at Biharsharif 24. Ram Khelawan Manjhi, son of Ganauri Manjhi resident of village Uprama P.S.Bihar, District Nalanda at Biharsharif 25. Sanjay Paswan son of Ramdeo Paswan, resident of village Raja Kuan, P.S.Bihar,District Nalanda at Biharsharif 26. Yogendra Pawwan, son of Ramji Paswan, resident of village Uprama, P.S. Bihar, District Nalanda at Biharsharif 27. Khalindra Ravidas, son of Waso Ravidas, resident of village Mohaddipur, P.S. Bihar,District Nalanda at Biharsharif 28. Lal Mohan Paswan, sonof Rameshwar Paswan, resident of village Samasti, P.S.Dip Nagar, District Nalanda at Biharsharif 29. Ram Pravesh son of Rameshwar Paswan, resident of village Tiuri, P.S. Manpur, District Nalanda at Biharsharif … … Respondents For the appellant: Mr. S.B.K. Manglam For respondent No. 5: Mr. Anil Kr. No.6 3 For the State Election: Mr. Sanjeev Nikesh Commission ----------- 10. 20.4.2009 Heard learned counsel for the parties and perused the original records. The final result sheet prepared by the concerned authority in Form 21 clearly shows that the appellant Manju Devi had obtained 1277 votes. Her name is at serial 10 of page 1 of form 21. The second and third candidates whose positions have been marked in Roman numericals are also at page 1 of form 21. The name of Satyendra Kumar who filed Election Petition before the concerned Tribunal is at page 2 of form 21 along with two other names. He is clearly shown to have obtained 1318 votes but as per the evidence given by the concerned Officer before the Tribunal the votes polled by the three candidates including the election petitioner who are mentioned at page 2 of form 21 could not be considered due to inadvertent error and therefore, Manju Devi was declared as successful candidate. On behalf of the appellant it has been submitted that contents of form 21 4 should not be relied upon and an order should be passed by this Court for recounting of ballot papers to find out who had secured the highest number of votes. Considering that there is no interpolation or cutting on form 21 which is contained as part of the original records, this Court is not persuaded to accept that prayer. Such a prayer is not fit to be considered even in view of limited issue raised in the election petition which has been correctly decided by the Election Tribunal and rightly affirmed by the writ Court. We find no merit in this appeal. It is accordingly dismissed. Learned counsel for the Election Commission should send the original records to the concerned authority. The prayer for stay through I.A. No. 7530 of 2008 is refused and in view of above discussion the appeal is finally dismissed. Kanth ( Shiva Kirti Singh, J.) ( Dharnidhar Jha, J.)