SHAGUFTA TARANNUM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Election to the post of Mukhiya of Sahebpur Kamal Gram Panchayat in the district of Begusarai was held in the year 2011. The petitioner and twelve other candidates including private respondent no.11 contested the same on being duly nominated. The petitioner was declared elected to the post of Mukhiya of the said Gram Panchayat having polled highest number of valid votes. The respondent no.11 several months after declaration of the election result filed an application (Annexure 2) before the State Election Commissioner, Bihar, (for short 'the Commissioner') under section 136(2) of the Bihar Gram Panchayat Raj Act, 2006 (For short 'the Act') giving rise to Election Case No. 135 of 2011 on the file of respondent Commissioner alleging, inter alia, that the petitioner was unqualified to contest the election owing to her date of birth recorded in Faukania examination as 12.4.1992. She was ineligible to contest the election being less than twenty one years of age on the date she contested the election.

(2.) The proceeding instituted before the respondent Commissioner by respondent no. 11 was challenged by the petitioner in which notice was also directed to be issued on her in CWJC No. 1324/2012. This court initially granted an interim order in the said proceeding and ultimately by order dated 24.9.2012 (Annexure 3) disposed of the writ petition taking into account the fact that the proceeding filed by respondent no. 11 before the respondent Commissioner was yet to be finally decided. This court further observed that the respondent Commissioner shall take into account the relevant materials to be produced by the petitioner while deciding the said proceeding. The respondent Commissioner thereafter heard the matter and by order dated 17.7.2013 (Annexure 1) allowed the said application and unseated the petitioner from the elected post of Mukhiya of the said Gram Panchayat. The respondent Commissioner in the light of the findings recorded therein further directed for taking punitive action against the petitioner under section 125(A) (1) and (3) of the Act. Aggrieved by the said order the present writ petition has been filed.

(3.) As per the writ petition, the petitioner had appeared at the Wastania examination and was registered for the said examination depicting her date of birth as 12.4.1982. The admit card was issued by the Bihar State Madrasa Board (For short 'the Board) wherein her date of birth was recorded as 12.4.1982. She was declared to have passed the said examination for which mark sheet was issued by the Board in which her date of birth was wrongly recorded as 12.4.1992. On an application filed by her, the same was corrected as 12.4.1982 under the orders of the Controller of Examination of the Board on 4.11.2008. The pass certificate of the examination was issued by the Board depicting her correct date of birth (12.4.1982). The petitioner thereafter again appeared at the Faukania examination (equivalent to matriculation). A mark sheet was issued to her showing her date of birth as 12.4.1982, followed by the pass certificate of the said examination again showing her date of birth as 12.4.1982. It has further been asserted that she was married on 19.1.1999. The marriage certificate discloses her twenty seven years of age. For holding election of the year 2003 (as corrected up to 1.1.2003) the petitioner was registered as an elector at serial no. 423 showing her 25 years of age. The said voter list was again updated and published for the 2005 election. The name of the petitioner appeared as an elector at serial no.423 showing her 25 years of age as on 1.1.2003. The voter list of the said constituency was again prepared for the subsequent election in which the petitioner was shown aged 26 years (as on 1.1.2004). Again in the year 2008 the voter list was prepared and published in which the name of the petitioner appeared at serial no. 481 showing her 30 years of age (as on 1.1.2008). In similar manner the voter list of the year 2010 was also published in which the petitioner appeared at serial no. 481 showing her 30 years of age. The petitioner contested the election in which she disclosed her age as per the voter list to which no objection was filed by respondent no.11. The nomination paper filed by the petitioner having been accepted she contested and won the election.