IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9387 of 2010 MANZOOR ALAM S/O LATE ABDUL SALAM R/O VILL.- HRIDAY CHAK, P.S. KALER IN THE DISTRICT OF ARWAL……………………………….PETITIONER VERSUS 1. THE BIHAR STATE ELECTION COMMISSION THROUGH ITS COMMISSIONER SONE BHAWAN, R. BLOCK, PATNA, BIHAR 2. THE DISTRICT MAGISTRATE-CUM-DISTRICT RETURNING OFFICER, ARWAL 3. THE RETURNING OFFICER-CUM-CIRCLE OFFICER KALER, IN THE DISTRICT-ARWAL 4. NARENDRA SHARMA S/O LATE BASHISHTHA NARAYAN SINGH 5. GUPTESHWAR SHARMA S/O NARESH SHARMA 6. MD. TASLIM ZAFARI S/O WAKIL KHAN ALL R/O VILL.- HRIDAY CHAK, P.O. HRIDAY CHAK, P.S. KALER, IN THE DISTRICT OF ARWAL 7. RAM AYODHYA SINGH S/O SHYAM JEEWAN SINGH P.O.- TERI, P.S. MAHENDIA, IN THE DISTRICT OF ARWAL 8. BIRENDRA KUMAR S/O RAM NARAYAN SINGH 9. SATYA NARAYAN SINGH S/O TIRATH NARAYAN SINGH BOTH R/O VILL.- SHEO BALAK BIGHA, P.O. TERI, P.S.- MEHANDIA, DISTT.- ARWAL 10. SHARWAN KUMAR S/O RAM KISHORE PANDIT R/O VILL.- PARSURAMPUR, P.O. HRIDAY CHAK, P.S. KALER, DISTT.- ARWAL 11. SUDARSHAN YADAV S/O BELONAND YADAV R/O VILL.- KARAN BIGHA, P.O. TERI, P.S. MEHANDIA, DISTT.- ARWAL……………RESPONDENTS For the petitioner : M/s Rajendra Pd. Singh, Sr. Advocate with Sunil Kumar, Advocate. For the State Election Commission : Mr. Sanjeev Nikesh, Advocate. For respondent no.4 : M/s Dinu Kumar and Shiv Kumar Prabhakar, Advocates. ----------- 03/ 16.09.2010 Heard learned counsel for the petitioner, learned counsel for the State Election Commission and learned counsel for respondent no.4, who was the petitioner before the Election Tribunal and is the contesting respondent. 2 2. This writ petition has been filed by the petitioner, who is the returned candidate, challenging order dated 17.05.2010 (Annexure- 8) passed in Election Petition No.24 of 2006 by Munsif-cum-Election Tribunal, Jehanabad by which election petition dated 26.04.2010 of the election petitioner filed in the aforesaid case was allowed and office clerk of the Tribunal was directed to call for the ballot box and counter foils casted at booth nos.136 and 138 for the post of Mukhiya of Teri Gram Panchayat Election, 2006 and record of the case was directed to be placed on 24.05.2010 for verification. 3. It is not in dispute that election for the post of Mukhiya of the aforesaid Gram Panchayat was held in the year 2006 and the petitioner was declared as the returned candidate, against which respondent no.4 filed Election Petition No.24 of 2006 which was dismissed by the Election Tribunal, Jehanabad vide order dated 05.05.2007 (Annexure-4). Challenging the aforesaid order, two writ petitions were filed; one by respondent no.4 bearing C.W.J.C. No.7928 of 2007 and the other by this writ petitioner bearing C.W.J.C. No.10100 of 2007. Both the aforesaid writ petitions were taken up together and were allowed to the extent that the order of Election Tribunal was set aside with liberty to the parties to argue their matter afresh based on the evidence already on record so that they may make their submissions only on the issues which have already been formulated keeping in consideration the evidence already on record and no fresh evidence were permitted to be led from either side. 4. Against the aforesaid order of the Single Judge, L.P.A. 3 No.528 of 2008 was filed by the petitioner which was dismissed in limine by a Division Bench of this court vide order dated 19.11.2008 (Annexure-19) with clarification that all the issues, including the issue of maintainability of the election petition had to be considered afresh by the Tribunal. 5. It transpires that the Tribunal without considering the appellate order had passed the impugned order dated 17.05.2010 (Annexure-8) only on consideration of one issue for disposal of the election petition, namely production of ballot box and counter foils of voting in booth nos.136 and 138 for the said post and had fixed date for verification, but in the process he has failed to realise that vide order dated 05.05.2007 (Annexure-4) the Tribunal has formulated altogether eleven issues, which after remand, the Tribunal has to consider afresh for deciding the election case as per the direction of the Division Bench of this court. 6. In the said circumstances, this writ petition is disposed of with a direction to the Election Tribunal to decide all the aforesaid issues framed by it vide earlier order dated 05.05.2007 and decide the election petition in accordance with law preferably within a period of three months from the date of receipt/production of a copy of this order. 7. It is agreed by learned counsel for the petitioner and learned counsel for respondent no.4 that no undue and unnecessary adjournment shall be taken in the aforesaid election case. The Tribunal is also directed not to adjourn the case on any undue or unnecessary ground which any of the party may try to take for delaying the disposal 4 of the election petition beyond the period granted by this court. 8. If the cost of Fax is deposited by respondent no.4 by tomorrow (17.09.2010), let this order be sent to the Election Tribunal, Jehanabad, immediately through fax. Harish (S.N. Hussain, J.)