JANAKDHARI PRASAD Vs. STATE ELECTION COMMISION

JUDGEMENT

(1.) this application has been filed for quashing the order dated 29-3-2004 passed by the state election commission in case no, 07 of 2004 disqualifying the petitioner to hold the post of member of the panchayat samiti, nagarnausa.

(2.) facts lie in a narrow compass.

(3.) while the petitioner was an assistant government pleader, he contested the election and got elected as the member of panchayat samiti, nagarnausa. Respondent no. 7 herein filed a petition before the state election commission, hereinafter referred to as the commission under rule 122 of the bihar panchayat election rules stating therein that the petitioner, being an assistant government pleader in hilsa sub-division of the district of nalanda, is disqualified to be a member of the panchayat samiti, in view of section 139(1)(c) of the bihar panchayat raj act, hereinafter referred to as the 'act'. The commission noticed the petitioner and on consideration of the plea advanced on his behalf as also respondent no. 7 came to the conclusion that the petitioner shall be deemed to be in the service of the state government and therefore, disqualified to be a member of the panchayat samiti in terms of section 139(1) of the act.