ANNU KUMARI Vs. THE STATE ELECTION COMMISSION

JUDGEMENT

(1.) The present appeal arises from the order, dated 19.11.2013, passed by a learned Single Judge of this Court dismissing the writ application filed by the writ petitioner-appellant and affirming the order, dated 20.3.2013, passed in Case No. 32 of 2012, of the State Election Commissioner, Bihar, disqualifying her election as 'Pramukh'. The State Election Commissioner, by the order impugned in the writ petition, has held that the writ petitioner-appellant was not qualified to be elected as 'Pramukh' inasmuch as she was under aged on the date of filing of her nomination paper. In the writ petition, the appellant challenged the findings of the State Election Commissioner that she was under 21 years of age on the date of filing of her nomination and was, therefore, not qualified to be elected as 'Pramukh', her case before the learned Single Judge being that she was above 21 years of age on the date of filing of the nomination and, thus, stood qualified to be elected as Pramukh.

(2.) In support of her submission that she was above 21 years of age on the date of filing of the nomination, she produced a copy of a certificate granted by the Mukhiya of Gram Panchayat, Kasimpur, a doctor's certificate as well as a certificate granted by the Headmaster, Ganga Karharya School.

(3.) The learned Single Judge noticed that neither the petitioner nor her parents ever challenged the correctness of the date of birth recorded in the matriculation certificate and as per her matriculation certificate, the writ petitioner-appellant was under aged on the date of filing of nomination and was, thus, estopped from taking a plea that her date of birth, mentioned in the matriculation certificate, was not correct.