LAL RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The election of Gram Panchayat was held in the year 2001. Ram Kewal Singh was declared elected Mukhiya of Alawalpur Gram Panchayat, Patna. He was convicted and sentenced to undergo imprisonment for seven years. The said fact was concealed at the time of filing nomination. When it came to the knowledge of Election Commission it exercised its power vested by notification dated 4-3-2002. Notice was issued to Ram Kewal Singh, elected Mukhiya. Thereafter, the Election Commission passed order holding that Ram Kewal Singh was unfit for fighting election and as such he was unseated vide order dated 1-7-2002. Ram Kewal Singh filed a writ petition before this Court against the order dated 1 -7-2002 which was ultimately dismissed. He filed L.P.A. against the order passed in the writ petition. L.P.A. was also dismissed as has been disclosed by the learned counsel for the petitioner.

(2.) The case of the petitioner is that he secured second largest number of votes for the post of Mukhiya and as such the writ petition has been filed by him to direct the respondents to declare him as elected Mukhiya of Alawalpur Gram Panchayat and to allow him to function as Mukhiya of the said Panchayat.

(3.) Learned counsel for the petitioner submitted that elected Mukhiya was unseated because of the fact that he concealed the fact that he was convicted and sentenced to undergo imprisonment for seven years. If at all this fact would have been disclosed at the time of nomination, his nomination would have been rejected. Subsequently, he was unseated by the order of the Election Commission against which writ petition was filed which was dismissed. Letters Patent Appeal against the said order was also dismissed. Therefore, the petitioner is entitled under the law to be declared as Mukhiya as he got the second largest number of votes for the post of Mukhiya.