PRIYAAMBADA ROY Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) 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 . 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 for the petitioner submits that the petitioner was fully qualified to contest the election and was accordingly duly elected. Thereafter, even if it is assumed that she had incurred any disqualification by joining the post of Panchayat Rojgar Sevika, she had upon realizing the said fact immediately not only resigned from the said post but also refunded the entire honorarium amount alongwith interest, which was also accepted by the authorities of the D.R.D.A. and in the said circumstances whatever disqualification she may have incurred would stand wiped out, particularly considering the fact that at that time no complaint regarding her disqualification were pending before the State Election Commission.