KAHKASHAN PARVEEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for quashing order dated 13.09.2006 (annexure-1) passed by the State Election Commissioner (respondent No. 2) in Case No. 41 of 2006 by which the petitioner, who was elected as Mukhiya of Dumri Gram Panchayat (Darbhanga), has been disqualified for not attaining the age of 21 years as per the provisions of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act' for the sake of brevity) and directed that the said post be treated as vacant.

(2.) The admitted fact of this case is that election for various posts under the Act was notified by the respondents and on 27.03.2006 nomination papers were filed by the petitioner for the post of Mukhiya of Dumri Gram Panchayat (Darbhanga) which was scrutinised without any objection raised by any one. Finally, elections were held on 18.05.2006, whereafter the result was declared on 20.06.2006 and the petitioner took oath as Mukhiya on 07.07.2006 as she obtained the highest votes. Subsequently on 11.08.2006 (annexure-3), respondent No. 5, who is a voter of the said Gram Panchayat and is the husband of one of the loosing contestants for the same post, filed complaint before the Commission to winch the petitioner filed a detailed reply on 13.09.2006 (annexure-4), whereafter the impugned order was passed on 13.09.2006 itself.

(3.) Learned Counsel for the petitioner submitted that the Commissioner wrongly relied upon the certificates of Bihar. State Madarsa Education Board (hereinafter referred to as 'the Board' for the sake of brevity) as in the certificate of Wastania her date of birth was shown as 21.07.1986, whereas in the certificate of Fauquania her date of birth was shown as 31.01.1986. In this connection he submitted that the said dates of birth were not given by petitioner's parents in the Madarsa, rather they were wrongly given by someone which is proved by the contradictions therein and furthermore the date of birth should have been in accordance with the birth certificate Issued by the proper authority. He stated that in the said circumstances he sent a petition on 05.07.2003 (annexure-5) to the Board through the Principal of the Madarsa concerned, namely Madarsa Islamia Kusheshwar Asthan, Darbhangt, for correction of her age as per her birth certificate and also sent a reminder, but no step has been taken by the authority concerned as yet.