AMAL KISHORE CHAUDHARY Vs. RANI DEVI

JUDGEMENT

(1.) Heard Mr. Abdul Manan Khan, learned counsel for the petitioner, learned counsel for the State, Mr. Sanjeev Nikesh for the State Election Commission and Mr. Dronacharya appearing for the election petitioner.

(2.) The petitioner, a returned Ex-Mukhiya of Gram Panchayat, Balha (Mansi) in the district of Khagaria, is aggrieved by the judgment and order dated 30.7.2015 passed by the Election Tribunalcum-Munsif, Khagaria in Election Petition No. 11 of 2011 whereby and where under the learned Election Tribunal has declared the election of the writ petitioner void inter alia on grounds of filing a false affidavit along with his nomination form insofar as it related to information regarding the pending criminal cases as well as regarding the property details.

(3.) The facts are not in dispute and are rather admitted by the documents on record. It is not in dispute that two cases were instituted against the petitioner of which one gave rise to Sessions Trial No. 238 of 2001 and the other is arising from Chautham (Mansi) P.S. Case No. 241 of 2005. In both the cases cognizance had been taken and thus in terms of Sec. 125 A of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') the petitioner was required to give information to such effect. It is not in dispute that in the election the petitioner returned as the Mukhiya and his election was questioned by the private respondent on the said ground of filing a false affidavit which has been upheld and the election being set aside the writ petitioner is before this Court.