CHANDESHWARI PRASAD Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner being aggrieved by the order dated 11.8.2003 passed by the State Election Commissioner, Bihar, Patna in case No. 109 of 2002 whereunder the petitioner has been held to be disqualified for holding the office of the Member, Zila Parishad under Section 139(1)(g) of the Bihar Panchayat Raj Act, is before this Court.

(3.) LEARNED counsel for the petitioner placing his strong reliance upon a recent Division Bench decision of this Court in the matter of Sri Bhagwan Singh V/s. State of Bihar reported in 2004(4) PLJR 482 submits that the Election Commission, after a person is elected would have no right to consider the question of disqualification. He submits that the order dated 11.8.2003 as contained in Annexure -1 deserves to and be accordingly quashed.