PATNA, India, July 7 -- Patna High Court issued the following judgment on July 7:

Heard the parties.

2. The petitioner in the present writ application has prayed for the grant of following reliefs:

"(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the judgment and order dated 08.01.2024 passed by the learned Civil Judge (Junior Division)-1, Gaya as Election Tribunal in Election Petition No. 01 of 2023 whereby and where under the learned Civil Judge has been pleased to allow the election petition on contest against the writ petitioner and other Opposite-parties, the election of writ petitioner has been set aside and has also been pleased to set aside the entire process of election of Mukhiya of Gram Panchayat Raj, Bhetaura under Tankuppa Block of Gaya District with a direction for re-election without any undue delay.

(II) For reinstatement of the petitioner to the post of Mukhiya which he was holding before the impugned judgment and order passed by the learned Civil Judge (Junior Division)-1, Gaya and to pay all consequential benefits for which the petitioner would have been entitled if his election would not have been set aside by the learned Civil Judge (Junior Division)-1, Gaya.

(III) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

3. Learned counsel for the petitioner submits that Respondent State Election Commission had notified Panchayat Election, 2021 for the post of Mukhiya of Gram Panchayat Raj, Bhetaura under Tankuppa Block of Gaya district. The petitioner and respondent no.5 to 10 had filed their nominations to contest for the post of Mukhiya of the said Gram Panchayat. As per the notification issued by the Respondent Commission, the following was the schedule for holding Gram Panchayat Election in the Gram Panchayat, Bhetaura under Tankuppa Block of Gaya district: Date of filing of nomination : 09.10.2021 to 25.10.2021. Date of scrutiny of nomination paper : 28.10.2021.

Last date for withdrawal of candidature : 29.10.2021 to 30.10.2021 Date of Poll : 15.11.2021 Date of Counting : 17.11.2021

4. After the last date of withdrawal of candidature, none of the nominated candidates had withdrawn his/her candidature and all the candidates finally contested the election which was held on 13 booths on 15.11.2021.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMzQxMCMyMDI0IzEjTg==-fHVJcDohFW4=

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