MD. JAVED Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) THE petitioner has prayed for the following reliefs:

(2.) FACTS of the case are in a very narrow campass. The petitioner contested the Panchayat Election held in the year 2011 for electing Mukhiya for the Gram Panchayat Raj Mahpatia in the District of Madhubani and was declared elected. Respondent No.4 questioned his election by filing an election petition before the Munsif, Jhanjharpur on 24.6.2011 inter alia on grounds that the petitioner was disqualified for contesting the election in as much as he had not attained the age of 21 years on the date of filing of the nomination which was registered as Election Petition No. 20 of 2011. Even when the election petition was pending consideration before the Election Tribunal, a second petition was filed by the respondent No.4 before the State Election Commission on 27.7.2011 praying for removal of the writ petitioner on the self same grounds and which was registered as Case No. 26 of 2011. The Election Petition No. 20 of 2011 was dismissed for default on 29.6.2012. The matter progressed in Case No. 26 of 2011 and notice was issued to the petitioner. The complaint of the respondent No.4 before the State Election Commission in the case in question was that as per the Wastaniya (8th pass) Certificate and the Foqania (Matriculation) Certificate, the date of birth of the petitioner was recorded as 7.2.1994 thus making him only 17 years old on the date of filing of the nomination in the year 2011. The petitioner appeared and filed his show cause denying the allegations and also produced the voter list published in January, 2011 which reflected his age as 24 years. He also produced the voter identity card issued by the Election Commission which again recorded his age as 24 years. In view of the divergent information on record as regarding the date of birth, the State Election Commission directed for an enquiry by the District Magistrate -cum -District Election Officer (Panchayat), Madhubani who submitted his report vide letter No. 1534 dated 4.10.2012 raising doubts about the age of the petitioner. The matter was adjudicated and the State Election Commission while upholding the date of birth of the petitioner as reflected in his Wastaniya (8th pass) Certificate/ Foqania (Matriculation) Certificate as 7.2.1994 held him to be under age on the date of filing of the nomination on 9.3.2011 and thus not eligible to contest the election. The petitioner was disqualified under Section 136(1)(b) of the Bihar Panchayat Raj, 2006 (hereinafter referred to as „the Act?) and also found guilty for violating Section 125(A) (i)(3) of the Act. The petitioner having been found disqualified to hold the post of Mukhiya Gram Panchayat Raj, Mahpatiya Block Madhupur District Madhubani under Section 136(1)(b) and 136(2) and Rule 117 of the Bihar Panchayat Election Rules, 2006 was removed from the said post which was declared vacant and being aggrieved by the order dated 23.1.2013 passed by the State Election Commission bearing Memo No. 220 dated 24.1.2013 that the petitioner is before this Court.

(3.) MR . S.B.K. Mangalam has appeared on behalf of the petitioner, the State Election Commission is represented by Mr. Amit Srivastava assisted by Mr. Girish Pandey and the complainant private respondent is represented by Mr. Bindhyachal Singh assisted by Mr. Yeshraj Bardhan.