KUMKUM DEVI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The instant Letters Patent Appeal has been filed by the respondent-appellant against the order dated 19.5.2017 passed in CWJC No. 7203 of 2017 whereby the Writ Court allowed the writ application and set aside the certificate issued by the Returning Officer declaring the respondent-appellant elected for the post of Ward Councillor of Ward No. 32 in the District of Munger.

(2.) The writ petition was filed by one Smt. Ruma Raj, respondent No. 6 in the present appeal on 11.5.2017 for quashing the order dated 8.5.2017 passed by the State Election Commissioner, Bihar in Case No. 24 of 2017. The State Election Commissioner in purported exercise of power of superintendence under Rule 92 of the Bihar Municipal Election Rules, 2007 rejected the nomination paper of the writ petitioner for election on the post of Ward Councillor of Ward No. 32 in the District of Munger. Consequently, the Returning Officer issued certificate of election in favour of respondent No. 6 as after rejection of the nomination of the writ petitioner the respondent no. 6 was the only candidate in the election.

(3.) The Writ Court after hearing the parties has allowed the writ petition and set aside the order of the State Election Commissioner dated 8.5.2017and all consequential orders including the declaration of election and issuance of certificate to the respondent No. 6 and thereafter issued direction to hold election accepting the nomination of the writ petitioner.