Usha Devi vs Bibha Devi

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 10999-11000 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 25993-25994 OF 2018]

USHA DEVI Appellant(s)

VERSUS

BIBHA DEVI & ORS. Respondent(s)

J U D G M E N T

1. Leave granted.

2. The whole dispute in this case pertains to the

election to the post of Mukhiya to the Gram Panchayat

Kansi, District Darbanga, Bihar.

3. It is not in dispute that at the time of declaration

of results, the votes of one booth, namely Booth No. 8,

though counted, were not included in the result sheet.

In that process, the first respondent herein was declared

as the Mukhiya. The appellant herein challenged the

election. The dispute has traveled through several

rounds of litigation. Finally, the Election Tribunal

ordered re-totaling. That has been challenged before the Signature Not Verified

learned Single Judge of the High Court. Digitally signed by JAYANT KUMAR ARORA Date: 2018.12.24 16:39:13 IST Reason: 2

4. Against an interim order passed by the learned Single

Judge, a Letters Patent Appeal was filed before the

Division Bench of the High Court. In the meantime, the

writ petition was sought to be amended. We do not want

to go into the various other details as to how the

litigation was sought to be protracted.

5. It is seen from Annexure P9, which shows the votes

including the votes of Booth No. 8 (Form 21 as per Rule

81(1)) that the appellant herein had scored 1565 votes

whereas the first respondent had scored only 1557 votes.

No technicality shall stand against the will of the

people expressed through their votes. Only on account of

laches on the part of Returning Officer, it is

unfortunate that the first respondent has been continuing

as Mukhiya despite not being the successful candidate.

The parties have been in litigation for the last 2 ½

years. For the sake of purity of the democratic process

of election, we are of the view that the litigation

should be given a quietus.

6. Accordingly, these appeals are disposed of as

follows:-

(i) Civil Writ Jurisdiction Case No. 13244 of 2017 and

LPA No. 916 of 2018 pending before the High Court are

dismissed.

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(ii) The Returning Officer is directed to formally

notify the result forthwith and take steps to administer

oath to the appellant. This process shall be completed

within one week from today.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ DEEPAK GUPTA ]

.......................J. [ HEMANT GUPTA ]

New Delhi;

November 15, 2018.