MAGAN LAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State election Commission and the State.

(2.) THE petitioner seeks quashing of the order contained in Memo No. 127 dated 11-3-2002 passed by the District Magistrate-cum-District Election Officer (Urban Body), samastipur, by which he has rejected the nomination paper filed by the petitioner on 7-3-2002 for the post of the Member of Ward nos. 1 and 2 of Nagar Panchayat, Dalsingsarai.

(3.) LEARNED counsel for the petitioner, at the outset, states that since fresh general elections to the Urban Municipal Body have already taken place, hence, stricto sensu the writ application has become infructuous by the passage of time, but it is stated by learned counsel that the interpretation of the legal provisions of Section 17 of the Bihar municipal Act, 1922 as amended by the bihar Municipal (Amendment) Ordinance, 2001, which provision is in pari materia to the provisions contained in the present bihar Municipal Act as also the Bihar panchayat Raj Act, involves a question of law which ought to be decided by this Court.