NILAM KUMARI SHARMA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) PAGE 2405 Heard learned Counsel for the petitioner, learned Counsel for the respondent-authorities as well as learned Counsel for the private respondent No. 6.

(2.) THIS writ petition has been filed by the petitioner for declaring the election of respondent No. 6 Meena Devi for the post of the member of Kurma Panchayat Samiti, territorial Constituency No. 13 as well as her election for the post of Pramukh of Kahalgaon block in the district of Bhagalpur as void and also for quashing the result of the meeting dated 23.6.2006 electing her as the Pramukh and for further directions that when the post of Pramukh was reserved for the female belonging to backward class, no other persons from any other class or caste is entitled to contest the same.

(3.) LEARNED Counsel for the petitioner further avers that as per the provision of Sections 123 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act' for the sake of brevity) State Election Commission has been formed for superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the Panchayat bodies in the State under this Act and the rules made thereunder, whereas Section 136 of the Act provides that the State Election Commission shall disqualify a person for election or even after election for holding the post as Mukhiya, member of the Gram Panchayat, member of the Panchayat Samiti and member of Page 2406 the Zila Parishad if such person does not fulfil he criteria fixed including the criterion that under any law for the time being in force he/she become ineligible to be a member of the any local authority, but inspite of there being a case of clear facts the Election Commission is shirking to act instead of repeated representations filed by the petitioner and hence the petitioner has got no other remedy except by way of moving this Court.