PRIYAMBADA ROY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State Election Commission and for the State. The petitioner seeks quashing of the order dated 29.9.2008 passed by the State Election Commissioner, Bihar (Respondent No. 2) in Case No. 33/2008 declaring the petitioner to be disqualified to hold the office of the Ward Commissioner of Munger Municipality in terms of Section 18(1 )(d) of the Bihar Municipal Act, 2007.

(2.) THE facts of this case are not in dispute and lie within a narrow compass. The petitioner was elected as a Ward Commissioner in Munger Municipal Council from Ward No 40. Subsequent to that she joined as a Panchayat Rojgar Sevika in the District Rural Development Authority, Munger on the basis of a letter of appointment dated 31.7.2007, thereafter she resigned from the said post on 2.5.2008. The petitioner claims to have even refunded the entire honorarium with interest and the resignation and the said amount was also accepted by the D.R.D.A. However, on the basis of a complaint filed on 26.8.2008 the matter was taken up by the State Election Commission and after giving due notice and considering her stand, she has been disqualified as a Ward Commissioner in terms of Section 18(1)(d) of the Bihar Municipal Act, 2007 by the impugned order dated 29.9.2008.

(3.) LEARNED counsel further contends that the whole purpose of such provisions incurring disqualification upon holders of such offices is to enable the Ward Commissioner to discharge her duties fearlessly and independently and therefore on a consideration of the circumstances of the case a strict view should not be taken as upon her resignation, there was no question of the petitioner being compromised in performing her duties fearlessly and independently.