The HC order came on a petition filed by RJD candidate and former minister, Ram Prakash Mahto, who lost the election by a slender margin of 116 votes. The election was held in November 2005.

Justice S N Hussain also directed the Election Commission to conduct repoll on those two booths where most of the voters were not allowed to exercise their franchise on the ground that they did not possess photo ID-cards issued by the Commission.

According to the petition around 1,400 voters on booth numbers 9 and 9A were not allowed to cast their votes despite the fact that they were carrying one of the 17 documents prescribed by the EC as valid for identifying a voter. The ruling said votes cast during the repoll should be taken into account to declare the result afresh.

The judgment becomes operational with immediate effect and Prasad now ceases to be an MLA. The latter, on the other hand, said he would move the Supreme Court.