PRABHAT VIKRAM SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsels for the parties.

(2.) The petitioner seeks setting aside of the order dated 22.12.2008 passed in Case No. 25/2008 by the State Election Commission, Bihar (respondent No. 3) in exercise of power under Section 136(1) & (2) of the Bihar Panchayat Raj Act, 2006 holding that the petitioner is a citizen of Nepal and therefore he is not eligible to continue on the elected post of Mukhiya of Bihar and accordingly disqualified him and held that the post of Mukhiya had become vacant from the date of order and to be filled up in accordance with law.

(3.) The short facts are that the petitioner was elected as Mukhiya of Gram Panchayat Dangraul, Block Gaunaha, District West Champaran in the election held in the year 2006 and thereafter assumed the office. It appears that a complaint was filed by respondent No. 7 Baliram Yadav before the State Election Commission with a prayer to declare that the petitioner is not eligible to hold the post of Mukhiya of Gram Panchayat Dangraul alleging that he is a citizen of Nepal and suppressing the said fact has declared himself as a citizen of India and contested the election for the post of Mukhiya of the said Gram Panchayat and was elected to the same. It is further alleged enclosing photo copy of the electoral roll of Nepal that the name of his entire family finds place in the same. Further document regarding registration of land is also alleged in which citizenship number of the petitioner was stated. In addition photo copy of the certificate of citizenship giving the citizenship number of the petitioner was also enclosed.