SHARDA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State of Bihar, learned counsel for the State Election commission and learned counsel for private respondent No. 6.

(2.) This writ petition has been filled for quashing order dated 13.09.2006 (Annexure 1) passed by the State Election Commission, Bihar, allowing Case No. 43 of 2006 filed by respondent No. 6, namely, Mahendra Sharma and declaring the election of the petitioner on the post of Member, Zila Parishad, Begusarai, Area No. 26 as illegal.

(3.) Learned counsel for the petitioner submitted that the age of the petitioner is 22 years, which was clearly mentioned in the nomination paper and affidavit filed by the petitioner on 22.03.2006 before the authorities concerned for contesting the election of Member of Zila Parishad, Begusarai, Area No. 26. He also stated that on 02.06.2006 the election was held and result was declared, in which the petitioner was declared successful and much thereafter on 10.08.2006 Case No. 43 of 2006 was filed before the Election Commission by respondent No. 6, who is a voter of the constituency concerned and is also brother of a candidate Mamta Devi, who had lost in the election. He also stated that on 29.08.2006 a show-cause notice was issued to the petitioner, are submitted her show-cause on 02.09.2006 Annexure 5) and after hearing the arguments the said case was allowed by the impugned order dated 13.09.2006 (Annexure 1) holding that the age of the petitioner at the time of filing of her nomination or at the time of election was cess than 21 years and she had been wrongly shown to be aged 22 years in the nomination paper and affidavit as well is in the voter list and hence she was unfit for contesting the said election and the said constituency was declared to, be vacant.