REKHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the Bihar State Election Commission.

(2.) THIS writ petition has been filed challenging order dated 09.08.2006, by which the State Election Commissioner allowed Case No. 28 of 2006 filed by Kiran Kumari (respondent No. 7), holding that the date of birth of Rekha Kumari (petitioner) was 16.11.1985 and hence she having not completed 21 years of age, was neither eligible at the time of filing nomination paper for the post of Member of Goitha Panchayat on 09.03.2006, nor was she eligible at the time of filing nomination paper for the post of Pramukh of Banke Bazar Panchayat Samiti on 28.06.2006 and consequently after setting aside the elections of the petitioner directed the aforesaid posts to be vacant.

(3.) LEARNED Counsel for the petitioner stated that respondent No. 7 has challenged both the elections of the petitioner, namely, for the post of Member of Goitha Panchayat as well as Pramukh of Banke Bazar Panchayat Samiti. So far as petitioner's election for the post of Member of Goitha Panchayat is concerned, it is stated by her counsel that respondent No. 7 was, admittedly, neither a candidate for that post nor was she even a voter of the said Panchayat, hence, she was legally not eligible to challenge the said election before any authority. In this regard, he relied upon a decision of this Court in the case of Raghuni Nayak and Ors. v. District Magistrate, Darbhanga reported in 1958 B.L.J.R. 177.