IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9485 of 2011 GAYA MANJHI Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Mahendra Thakur, Sr. Advocate Mr. Ajay Kumar Sinha, Advocate For the Commission:Mr. R.S. Pradhan, Advocate For the State : Mr. AC to A.A.G. 9 3 27.6.2011 The petitioner seeks a direction to the respondent authorities for recounting of votes of Gram Panchayat Raj Bhadaura, Block Tankuppa, P.S. Tankuppa in the district of Gaya for which election was held on 30.4.2011. The petitioner was a candidate for Mukhiya of Gram Panchayat Raj Bhadaura, Block Tankuppa, P.S. Tankuppa in the district of Gaya for which election was held on 30.4.2011 and the counting of the votes was completed on 21.5.2011 wherein the petitioner was declared to be elected for the post of Mukhiya Gram Panchayat Raj Bhadaura by securing highest number of votes. He further submits that within half an hour of declaration of the result in favour of the petitioner, the respondent no.3 announced that respondent no.5 had got highest number of votes and as such he was declared to be elected for the post of Mukhiya. Mr. R.S. Pradhan, learned counsel appearing on behalf of the State Election Commission, Bihar submits that recounting of votes could be done in case there is difference margin of 9 votes. He further submits that respondent no.5 have got highest 2 KHAN votes than the petitioner and as such he was declared to be elected for the post of Mukhiya and certificate to this effect has already been issued to him. Considering the facts and circumstances of the case, this court is of the view that if the petitioner has any grievance he can challenge the same by filing a separate application before the appropriate forum in accordance with law. However, it would be open to the petitioner to pray for condonation of delay as he was pursuing his remedy before this court. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)