TEJ PRATAP TYAGI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present writ petition is to the order dtd. 20/7/2016 passed in Case No. 11 of 2016 contained in Memo No. 5966 dtd. 21/7/2016 by which the State Election Commissioner has imposed penalty of Rs.500.00 per day from 7/6/2016 to 4/7/2016 to be realized from the salary of the petitioner and has also recommended to the State Government for departmental proceeding.

(3.) The petitioner was the Returning Officer for the Panchayat Election of Maura Jharkaha, Block Shankarpur in the district of Madhepura. The election was held on 2/6/2016, after which the respondent no. 5 is said to have filed an application before the petitioner seeking 14 documents and related information with regard to the election on the same day. However, on 7/6/2016, he also filed a requisition along with appropriate fee, for obtaining the same information before the petitioner. On 8/6/2016, he moved before the State Election Commission alleging that the information which he had sought on 2/6/2016 and were to be provided to him latest by 7/6/2016 in terms of Rule 113(a) of the Bihar Panchayat Election Rules, 2006 (hereinafter referred to as the 'Rules') had not been provided and, thus, to take action against the petitioner, who was the Returning Officer. The petitioner was noticed and, upon hearing, the order impugned dtd. 20/7/2016 has been passed.