WP(C) 3306/2009 BEFORE HON’BLE HON’BLE MR.JUSTICE B.D.AGARWAL Heard Mr.A.S.Choudhury, learned Sr. Counsel for the petitioner and Mr. P.Roy, le arned Addl. Sr. Govt. Advocate, Assam. Also heard Mr. S.K.Roy, learned counsel a ppearing for the State Election Commission. This writ petition under Article 226 of the Constitution of Indi a has been filed challenging the election of the Respondent No.8, Shri Amrit Kum ar Singha as Ward Commissioner of Ward No.2 of Hailakandi Municipal Board. The sole prayer of the petitioner is that there was irregularity and anomaly in counting of votes and despite protest, the respondent No.8 was e lected as Ward Commissioner. Thereafter, the writ petitioner had submitted a wri tten representation to the Returning officer, Municipal Election, Hailakandi on 4.8.2009. However, no decision on such representation has been taken. Rule 85 of the Rules for Election of Commissioner of Municipal Board unde r the Assam Municipal Act, 1956 authorizes the Returning Officer/ Magistrate to order for recounting of the ballot. Hence, the Returning Officer is directed to consider the prayer of the petitioner for recounting of the ballot at an early d ate. This decision shall be taken upon hearing the elected candidates. Till then , status quo with regard to the election of the Ward Commission for Ward No.2 of Hailakandi Municipal Board shall be maintained as to today. With the aforesaid direction, the writ petition stands disposed of.