DHANWANTI DEVI Vs. STATE OF ELECTION COMMISSION

JUDGEMENT

(1.) WHILE exercising power under Section 136 (2) of the Bihar Panchayat raj Act, 2006 (hereinafter referred to as "the act") vide order dated 22-2-2008 contained in Annexure 10 the State Election commissioner has disqualified the petitioner from holding the post of Mukhiya of Gram panchayat Reodha in the district of darbhanga. This order has been challenged therefore in the present writ petition.

(2.) SOME basic facts are not under dispute. Petitioner's father is a Nepali resident as well as its citizen. The mother is alleged to be the woman of Indian origin married to petitioner's father. Subsequently after matrimony it is stated that she too acquired nepali citizenship voluntarily. Petitioner after coming of age entered into a matrimony with one Mithilesh Prasad in the year, 1988. She was supposed to be of 18 years of age. Based on the matrimony and her residence her name was entered into the electoral roll of Jale Legislative Assembly. According to her, her name figures in the electoral roll right from 1999 and she has participated in the election process on many an occasion. . She had also stated that her maternal house is in the district of East Champaran. She was born in the house of her Nana. All has been well and no question was ever raised with regard to her citizenship. The problem started after she contested the election for the post of Mukhiya and won the same.

(3.) AS per the provision under Section 136 (1) (a) of the Act the election to the post of Mukhiya can be challenged on the question of citizenship. Taking advantage of this provision armed with certain evidence and material respondent No. 7, namely, Abdul haque filed a complaint before the State election Commissioner. After preliminary examination of the matter Case No. 22 of 2000 came to be registered. The perusal of annexure-10 would show that the matter has been heard on many an occasion, evidence were adduced from both the sides, the authenticity of the documents has been tested by getting the same verified from the issuing authority and thereafter final order dated 22-2-2008 came to be passed disqualifying the petitioner on the ground of citizenship. The validity of the said order is under challenge which has to be decided by this Court.