RAJANI KUMARI Vs. STATE ELECTION COMMISSION, BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned counsel for the State Election Commission and learned counsel for the State.

(2.) In the present case, challenge is to the order dated 20.02.2017 passed by the Commissioner, State Election Commission, Bihar, by which he, in exercise of his power under Section 136(2) of the Bihar Panchayat Raj Act, 2006, declared the appellant-original petitioner as disqualified candidate and treated the place of Mukhiya of that Panchayat to be vacant.

(3.) The matter relates to election of Mukhiya of Aslempur Gram Panchayat, Block- Konch, District- Gaya. The election was conducted, the appellant-original petitioner was declared successful. Accordingly, she became Mukhiya of that Gram Panchayat. An application was filed by respondent nos. 6 and 7, one of the unsuccessful candidates, to declare the appellant incompetent to fight the election of Mukhiya on the ground that she was below 21 years when she filed the nomination paper. In various writ petitions, the power of the Commission and its contour came for consideration before the Division Bench. On account of various views on the power and jurisdiction of the Election Commission, several Letters Patent Appeals and writ petitions were referred before the Full Bench for resolution. Three issues were placed for consideration before the Full Bench, which are as follows:-