Ram Bali Singh vs The State of Bihar and Others

Heard counsel for the Petitioner-Appellant Mr. Mahendra Thakur.

The court has no hesitation in declaring that not only the writ petition but the present appeal also are frivolous. The Petitioner-Appellant Rambali Singh was the elected candidate as a Mukhiya from Gram Panchayat-16 Bariyarpur, Police Station-Sitamarhi, Block-Dumar, District-Sitamarhi. He faces an election petition which is pending consideration before the Additional Munsif, Sitamarhi. The Petitioner-Appellant is challenging the proceedings before the Additional Munsif, who is hearing the election petition u/s 140 of the Bihar Panchayat Raj Act, 1993.

The contention of the Petitioner-Appellant is two fold; firstly, the Additional Munsif cannot try an election petition and secondly, in the matter relating to the issue of re-counting, the tribunal was obliged to frame a preliminary issue and it is unnecessarily adjourning the matter for decision alongwith other issues.

The first proposition of the Petitioner Appellant is ridiculous as an election petition, the law enjoins, will lie before such Munsif within whose jurisdiction Gram panchayat or Gram Kacharhi, as the case may be, is situate. Thus, assignment of the election petition to an Additional Munsif is not an illegality. Secondly, the aspect that the issue relating to the recounting of votes be taken as a preliminary issue or alongwith other issues is within the competency of the tribunal. The learned judge, thus, has rightly not interfered with the proceedings of the tribunal.

Dismissed.