PUROHIT LAL GUPTA Vs. DHARAMSHEELA DEVI AND ORS.

JUDGEMENT

(1.) This Appeal is preferred against the order dated 9.4.2014 passed by the learned Single Judge in CWJC No. 16861 of 2013. The appellant figured as respondent No. 8 in the writ petition. The writ petition was filed against the order dated 7.8.2013 passed by the State Election Commissioner in Case No. 2 of 2013 through which the election of the first respondent herein, as Councillor of Patna Municipal Corporation was set aside. The learned Single Judge allowed the writ petition and has set aside the order of the learned Election Commissioner. The brief facts pertaining to the case is as follows.

(2.) The election to the Patna Municipal Corporation was held during the year 2012. Respondents 1 and 8 herein, and certain others then filed nomination and the 1st respondent was declared elected.

(3.) The appellant filed Election Case No. 2 of 2013 before the State Election Commissioner, the 2nd respondent, under Sec. 18(2) of the Bihar Municipal Act, 2007 (for short, 'the Act') with a prayer to disqualify the 1st respondent. The ground pleaded by the appellant was that the 1st respondent failed to pay holding tax in respect of properties held by her. It was stated that the grandfather of the husband of the respondent held such items and though they devolved upon the father of the husband of the respondent and thereafter the husband of the respondent, the holding tax was not paid. The genealogical table as well as particulars of the holdings were detailed in the election petition.