RATNESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant writ petition, the petitioner has challenged the election of Kudhani Gram Panchayat in which respondent no.7, Arun Singh @ Arun Kumar Singh has been elected as Mukhiya.

(2.) It is to be noted that sub-clause (b) of Article 243-O of the Constitution of India provides that notwithstanding anything in this Constitution, no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.

(3.) The Legislature of the State of Bihar has enacted Bihar Panchayat Raj Act, 2006 wherein Sec. 137 provides that the election to any office of a Panchayat or a Gram Katchahry shall not be called in question except by an election petition as prescribed.