REGENT COMPUTRONICS PVT. LTD.

Rajani Kumari Appellant

V/S

STATE ELECTION COMMISSION Respondents

Referred Judgements :-

R. VS. ELECTRICITY COMMRS [REFERRED TO]
ROOP LAL MEHTA VS. DHAN SINGH [REFERRED TO]
ROOP LAL MEHTA VS. DHAN SINGH [REFERRED TO]
PROVINCE OF BOMBAY VS. KHUSHALDAS S ADVANI SINCE DECEASED AND AFTER HIM HIS LEGAL REPRESENTATIVE A GOVINDRAM KHUSHALDAS AND B RAMCHAND KHUSHALDAS [REFERRED TO]
J K COTTON SPINNING AND WEAVING VS. STATE OF UTTAR PRADESH [REFERRED TO]
KUMARI MADHURI PATIL VS. ADDITIONAL COMMISSIONER TRIBAL DEVELOPMENT [REFERRED TO]
K VENKATACHALAM VS. A SWAMICKAN [REFERRED TO]
SHYAMDEO PD SINGH VS. NAWAL KISHORE YADAV [REFERRED TO]
INDIAN NATIONAL CONGRESS I VS. INSTITUTE OF SOCIAL WELFARE [REFERRED TO]
WELFARE ASSOCIATION ARP MAHARASHTRA VS. RANJIT P GOHIL [REFERRED TO]
UNION OF INDIA VS. BRIGADIER P S GILL [REFERRED TO]
GHULAM MOHIUDDIN VS. ELECTION TRIBUNAL FOR TOWN AREA SAKIT [REFERRED TO]
BHAGWAN SINGH VS. STATE OF BIHAR [REFERRED TO]
BHAGWAT MAHTO VS. SATYA NARAYAN PRASAD [REFERRED TO]
STATE ELECTION COMMISSION VS. PUNAM KUMARI [REFERRED TO]
GEETA GUPTA VS. STATE OF BIHAR [REFERRED TO]
RESURGENCE INDIA VS. ELECTION COMMISSION OF INDIA [REFERRED TO]
VIJAY KUMAR CHAUDHARY VS. STATE ELECTION COMMISSIONER [REFERRED TO]
COMMERCIAL TAX OFFICER, RAJASTHAN VS. M/S. BINANI CEMENTS LTD. [REFERRED TO]
SURESH BAITHA VS. STATE OF BIHAR [REFERRED TO]
MD ALAMGIR VS. STATE OF BIHAR [REFERRED TO]
MANOJ BIND @ MANOJ KUMAR BIND SON OF JANAK LAL BIND VS. STATE OF BIHAR [REFERRED TO]
SHAKIL VS. STATE OF BIHAR [REFERRED TO]
NEELAM DEVI VS. THE STATE OF BIHAR AND ORS. [REFERRED TO]
BHARATI REDDY VS. THE STATE OF KARNATAKA [REFERRED TO]

JUDGEMENT

(1.) This reference raises a question of seminal importance as to whether the State Election Commission is empowered to dwell upon and declare a candidate elected to be disqualified to the Office of a member or Office bearer of a local body, namely, that of a municipality under the Bihar Municipal Act, 2007 or to any Office under the Bihar Panchayat Raj Act, 2006 and the Rules framed thereunder. The moot question is as to whether the Legislature has transgressed the constitutional mandate contained in Article 243-O (b) of the Constitution of India or Article 243-ZG (b) thereof where there is a complete bar of calling in question any elections to the Panchayat or Municipality except by an election petition before such authority and in such manner as may be provided under law.

(2.) The argument advanced on behalf of the petitioners resulted in the framing of the questions that have been referred to for being answered primarily on a challenge raised to the provisions introduced under Section 136(2) of the Bihar Panchayat Raj Act, 2006 and the provisions of Section 18(2) of the Bihar Municipal Act, 2007 whereunder a power has been conferred on the State Election Commission to declare a member of the Panchayat or Municipality as the case may be to be disqualified on a receipt of a complaint, allegation or information by any person or authority since both the provisions are pari materia. I would be referring the provisions of Section 136(2) for the purpose of answering the reference which would also answer the construction of Section 18(2) of the Bihar Municipal Act, 2007. In order to understand the issue, the relevant provisions of the Act are referred to hereinafter.

(3.) Section 135 of the Bihar Panchayat Raj Act, 2006 reads as under:-

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RAJANI KUMARI Vs. STATE ELECTION COMMISSION

Referred Judgements :-

JUDGEMENT

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