LAWS(PAT)-2008-12-192

SHILA DEVI Vs. STATE OF BIHAR

Decided On December 01, 2008
SHILA DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner, State Election Commission as well as the State of Bihar. The petitioner has prayed for quashing the F.I.R. being Nagar Nausa P.S. Case No. 16/07 dated 1.9.2007 under Sections 467,468,471,420 and 120B of the Indian Penal Code lodged by the District Panchayat Officer, Bihar Sharif, pursuant to the direction of the State Election Commission dated 31.2.2007.

(2.) THE learned Counsel submits that the petitioner has a house in village - Khiru Bigha P.S. Nagar Nausa as well as in village - Kamta which is devided by a road.

(3.) Learned Counsel submits that the name of the petitioner and her husband was published in 1995, voter list showing her name as well as her husband rightly as resident of Khiru Bigha falling under Khajura Gram Panchayat. It is their further case that in the voter list published in 2000, her name as well as the name of her husband were also published as residents of Village -Khiru Bigha under Khajura Gram Panchayat. On the application of the husband of the petitioner, her name was added in Kamta Gram Panchayat, in place of Khajura Gram Panchayat