HARI KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the order, dated 14.12.2015, passed in C.W.J.C. No. 15822 of 2015, whereby learned single Judge has allowed the writ application of the petitioner and quashed the order, dated 28.08.2015, passed by the respondent State Election Commission (hereinafter referred to as the 'Commission') in Case No. 8 of 2015.

(2.) The complainant-appellant was not able to refute the submissions of the writ petitioner that illegalities incurred were of his previous tenure, as Ward Councillor from 2007 to 2012, and none of them related to the present term starting from 2012. The learned single Judge accepted the submission of the writ petitioner and quashed the impugned order of the Commission, passed under Section 18(2) of the Act, unseating him on the ground of having incurred disqualification under Section 18(1) of the Act.

(3.) Being aggrieved, the complainant has filed the instant Letters Patent Appeal. The complainant, once again, has not been able to establish that any of the allegations on which the Commission disqualified the petitioner is relatable to petitioner's present tenure.