RUKMINI DEVI WIFE OF ASHOK KUMAR MEHTA Vs. STATE ELECTION COMMISSION (PANCHAYAT), SONE BHAWAN, BIRCHAND PATEL PATH, PATNA, THROUGH THE STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed for quashing order dated 28.8.2009 (Annexure-5) passed by the Secretary, State Election Commission (Panchayat), Patna issued vide letter no. 1587 rejecting the application filed by the petitioner for declaration that respondent no. 7 had not attained the age of 21 years on the date of her election as a member of the Katihar Zila Parishad and as such her election as a member and subsequently as the Chairman of the Zila Parishad was void.

(2.) Admittedly, the election for the Katihar Zila Parishad was held in the year 2006 in which the petitioner as well as respondent no. 7 were elected as its members. Thereafter, election for the post of Chairman, Katihar Zila Parishad was held in which the petitioner and respondent no. 7 both contested and finally respondent no.7 succeeded. The said election was never challenged before any authority nor any election petition under the provisions of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act' for the sake of brevity) was filed. However, the petitioner claims that he had filed a case on 25.8.2009 (Annexure-4) under Section 136(2) of the Act before the State Election Commission, Patna for disqualifying respondent no. 7 from continuing as a member and the Chairman of the Katihar Zila Parishad. The said case was dismissed by the State Election Commission on merits vide the impugned order which was communicated to the petitioner by the Secretary of the Commission vide Letter No. 1587 dated 28.8.2009 (Annexure-5).

(3.) Subsequently in the year 2009, a no confidence motion was brought at the instance of the petitioner against respondent no. 7 in which the petitioner lost and the motion failed as majority of the Parishad supported respondent no. 7. Only thereafter the petitioner filed CWJC No. 12775 of 2009 challenging the election of respondent no. 7 as Chairman of Katihar Zila Parishad on the ground that on the day she stood in the election in the year 2006, respondent no. 7 was below the age of 21 years. The said writ petition was dismissed on contest by a Bench of this court vide order dated 17.3.2010 (Annexure-1 to I.A. No. 4759 of 2010) after arriving at the following findings: