NIKKI DEVI Vs. THE STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner contested the election for the post of Mukhiya of Gram Panchayat Raj, Rakiya in the district of Saharsa. Her nomination was accepted by the Returning Officer, there was no objection whatsoever at the time of scrutiny of the nomination papers but once she was declared elected and was granted the certificate of election, the private respondent no. 5 challenged the election of this petitioner vide Election Petition No. 10 of 2016 on grounds inter alia that the petitioner had in her affidavit submitted under Sec. 125-A of the Bihar Gram Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act of 2006') gave a wrong declaration with respect to her date of birth and her educational qualification.

(2.) The learned court of Munsif, Civil Court, Saharsa being the Panchayat Election Tribunal tried the Election Petition and allowed the same by cancelling the election of the present pe- titioner to the post of Mukhiya, Gram Panchayat- Rakiya, Prakhand-Sattarkattaiya, Nirvachan Kshetra Sankhya-2, Saharsa. The District Election Officer, Saharsa has been directed to conduct re-election for the post of Mukhiya.

(3.) Mr. S. B. K. Manglam, learned counsel representing the petitioner submits that the Election Petitioner had, apart from raising the issue of wrong and false information with regard to the date of birth and educational qualification, also raised an issue with regard to the change of name of the petitioner but so far as the issue with regard to change of name is concerned, has been set at rest the same by holding that there was no serious case for doubt regarding change in the name of the present petitioner in the nomination Form for election to the post of Mukhiya in the year 2016 could be made out.