SURESH BAITHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE question of law that has arisen in these batch of cases is whether the State Election Commission (hereinafter referred to as ,,the Commission) can hear issues with respect to disqualification as mentioned under Sections 135 and 136 of the Bihar Gram Panchayat Act, 2006 (hereinafter referred to as ,,the Act of 2006) under sub - Section (2) of Section 136 of the Act of 2006 after the elections?

(2.) THE issue as to whether the Commission has the power to adjudicate in matters relating to pre -election disqualifications has already been decided by a Bench of this Court recently in the case of Geeta Gupta vs. The State of Bihar (CWJC No. 20564 of 2011) on 21.02.2012. This Court has held that the Commission in view of Article 243 -F of the Constitution of India read with Section 136 (2) of the Act of 2006 is competent to decide the question regarding qualification or disqualification of a candidate.

(3.) IT may be clarified that the petitioners do not challenge the virus of the provisions of sub -Section (2) of Section 136 of the Act of 2006, rather they contended that the provisions must be read down and the provisions must be interpreted in consonance of the provisions of Constitution of India as well as Section 137, 138 and 139 of the Act of 2006.