KUNTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Dinu Kumar, learned counsel assisted by Mr. Raj Kumar, learned counsel for the petitioner, Mr. Amit Shrivastava, learned counsel assisted by Mr. Girish Pandey, for the State Election Commission and Mr. Pratik Kumar Sinha, learned counsel assisted by Mr. Ajay, for the State.

(2.) The challenge in the present writ application is to the order dated 10.11.2016 passed by the State Election Commissioner, Bihar, Patna in Case No. 17 of 2016, by which the election of the petitioner as member of the Panchayat Samiti of Gram Panchayat, Bhatawar Majlishpur in Palasi Block of Araria District has been set aside and direction has been issued to fill up the post in accordance with law. Subsequently, the petitioner was also elected as Pramukh of Panchayat Samiti, Palasi on 23.05.2016. In view of the order dated 10.11.2016, as a consequence of the petitioner losing her membership of the Panchayat Samiti, Palasi, her election to the post of Pramukh was also set aside by communication of the State Election Commission contained in Letter No. 7488 dated 30.12016, and accordingly, it has been directed to hold election to the post of Pramukh on 18.01.2017.

(3.) Learned counsel has also assailed the said communication in Interlocutory Application No. 108 of 2017. In view of the same being in continuation to the original cause of action, the Interlocutory Application stands allowed. Challenge to the communication dated 30.12.2016 shall form part of the main writ application.