IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.812 of 2010 Chief Election Officer, Bihar State Election Authority, Barrack No.11, Old Secretariat, Patna ....... Appellant Versus 1. Sanjay Kumar son of Mahendra Singh, resident of village Ismailpur, P.S. Khizarsarai, District Gaya ......Respondent/Petitioner 2. District Magistract-cum-District Election Officer (PACS), District Gaya 3. District Co-operative officer-cum-Deputy Election Officer, Gaya(PACS) 4. Block Development Officer-cum-Election Officer, Khizarsarai Block, District Gaya 5.The State of Bihar ......Respondents/Respondents 2 18.5.2011 Heard learned counsel for the appellant and Mr. Prabhat Kumar, learned AC to G.A 2 for respondent nos.2 to 5. 2. This appeal raises a grievance with respect to the order dated 26.3.2010, passed in C.W.J.C. No.14905 of 2009, whereby the appellant herein has been directed to declare the result of the election in question held on 16.10.2009. 3. A brief statement of facts essential for the disposal of the appeal may be indicated. The appellant herein has conducted the election for Kutlupur PACS, Block-Khizersarai in the district of Gaya. The election took place on 16.10.2009. The writ petitioner (Sanjay Kumar), respondent no.1 herein, was declared elected. However, the Presiding Officer did not issue the certificate showing election of respondent no.1 herein. The appellant herein cancelled the election on the ground that the ballot papers had 2 KHAN not been signed by the Presiding Officer, and announced fresh election. Aggrieved by the action of the appellant herein, respondent no.1 herein preferred the present C.W.J.C.No.14905 of 2009. Fresh elections were to be held on 7.11.2009. On the same date, the learned Single Judge passed the interim order to the following effect in the present writ petition. “The elections, which are being held today, neither any counting nor any result would be declared. The ballot papers would be kept in safe custody with the Collector of the district” 4. The writ petition has ultimately been allowed by the judgment dated 26.3.2010, whereby the second election has been set aside, and the appellants herein have been directed to declare the result of the earlier election held on 16.10.2009. The learned Single Judge has held that the omission on the part of the Presiding Officer in putting his signature on the ballot papers cannot come in the way of declaration of the result of the election held on 16.10.2009. We agree with the orders of the learned Single Judge for that reason, and other reasons assigned in his order. We do not find any merit in this appeal. It is accordingly dismissed. (S.K. Katriar,J) (S.P. Singh,J) 3