VIJAY KUMAR CHAUDHARY Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) THE appellant was declared elected to the post of Mukhia of Mahinathpur Gram Panchayat in the district of Madhubani (Bihar) in the last election. Soon thereafter a complaint case bearing No. 2 of 2007 was filed before the State Election Commissioner, Bihar. That case was heard on several dates, the State Election Commissioner allowed the parties to produce evidence and also got the matter enquired by the District Magistrate, Madhubani who submitted a report to the State Election Commissioner against the appellant that he had acquired Nepali Citizenship when he attained the age of 17 years and his father and one of his brothers were also citizens of Nepal. Considering all the evidence and materials, the State Election Commissioner by order dated 25 -5 -2007, passed in exercise of power under Section 136(i)(a) of the Bihar Panchayat Raj Act (hereinafter referred to as the 'Act') disqualified the writ petitioner/appellant from holding the post of Mukhia. The said post was ordered to be treated as vacant and during the pendency of the writ petition respondent No. 4 has been elected to that post. The writ petition was dismissed by the order under appeal dated 11 -4 -2008.

(2.) THE main issue is whether the order dated 25 -5 -2007 passed by the State Election Commissioner is a legal and valid order or not.

(3.) THE order passed by the State Election Commissioner under issue as well as the judgment under appeal proceed on the basis of certain facts emerging from evidence including inquiry report by the District Magistrate. The officials verified the facts by visiting the concerned district authorities of Dhanusa situated in Nepal and it has emerged as a fact that the appellant acquired Nepali Citizenship in Bikram Samvat 2034 -7 -14 at the age of 17 years by filing application and his Citizenship number is available on record. It is also a verified fact that father of the appellant Yogendra Prasad Chaudhary is a voter of Janakpur town in Nepal. His address and voter number have also been mentioned in the order passed by the State Election Commissioner. These facts appear to have been verified and have also been certified by the concerned district authorities of Dhanusa (Nepal).