NILESH PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sri Prakash Srivastava, learned counsel for the petitioners, Mr. Rabindra Kumar Priyadarshi, learned S.C.32 and Mr. Amit Shrivastava, learned counsel for the State Election Commission.

(2.) The petitioners are aggrieved by the order dated 30.11.2015 passed by the State Election commission, Bihar, in case No. 21 of 2015 whereby on an application made by the District Magistrate-cum-District Election Officer, Panchayat, the elected Mukhiya(s) of the Gram Panchayat, West Digha, East Digha, North Mainpura, West Mainpura and East Mainpura have been declared disqualified to hold the post of Mukhiya in the light of the stipulations underlying Sec. 136(2) read with Sec. 135 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act ) as amended from time to time.

(3.) The detailed facts stand noted in the order passed by this Court on 22.12.2015 and 29.1.2016 and briefly stating, a notification was issued in the Department of Urban Development and Housing on 27.11.2007 notifying the areas in question which until that said date continued to form Gram Panchayat, as municipality under the provisions of the Bihar Municipal Act, 2007 (hereinafter referred to as the Municipal Act ). The said notification was published in the gazette on 30.11.2006. It is being aggrieved by the notification constituting the areas into a municipality that the matter reached the civil court and the contest ultimately went in favour of the State until the Supreme Court, upholding the constitution of the municipality. In between the contest an election was held for the Panchayat(s) in question in 2011 and the petitioners herein were elected Mukhiyas whose term is to expire on 22.5.2016.