ASURA BIBI Vs. SETARA BIBI

JUDGEMENT

(1.) THE petitioner by filing the instant application under Article 227 of the Constitution has sought to assail order No. 62 dated 11th September, 2006 passed by the learned Civil Judge, 2nd Court (Jr. Divn.), Malda in Misc. Case No. 23 of 2003.

(2.) THE said Misc. case arose out of an application under section 204 of the West Bengal Panchayat Act, 1973. The O. P, No. 1, as petitioner, before the learned Trial Court, challenged the election of the O. P. No. 1 in respect of seat No. 9, Gangaprasad Gram Panchayat under Kaliachak p. S. and sought for a declaration that such election was void.

(3.) IT was claimed that the present petitioner did not attain the age of 21 years and as such, she could not be so elected as the Member of the Gram Panchayat. It was further alleged that attention of the concerned authority was drawn to this but to no avail. The present O. P. No. l, thus, prayed for declaring her as elected for the said seat, as she got the second highest vote.