HARDEO PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application, under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of a writ of certiorari quashing the order contained in Annexure '1'. The order contained in Annexure '1' has been passed by the Sub-divisional Officer cum Election Officer, Dinapur, rejecting the nomination of the petitioner for the post of Mukhia, Madhwa Makhmilpur Gram Panchayat, in the district of Patna. The petitioner was the sitting Mukhia, of the said Gram Panchayat having been elected on 31st. May, 1971. A programme for holding the general election of the Gram Panchayat was published fixing 22-4-1978 as the last date for filing nomination. The petitioner also filed his nomination paper. At the scrutiny held on 24-4-1978, his nomination paper was rejected on the ground that the petitioner was disqualified under the provisions of section 79 (e) of the Bihar Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act'). It appears that a vote of no-confidence has been passed against the petitioner by the members of the Executive Committee for certain acts of omission and commission on the part of the petitioner. Ultimately, by an order dated 13-11-1973, contained in Annexure '3', the petitioner was removed from his office under the provisions of section 13 (3) of the Act. Against the rejection of his nomination paper, the petitioner filed an application before the Sub-divisional Officer, who rejected his petition and found that the petitioner was disqualified under section 79 (e) of the Act.

(2.) A counter-affidavit has been filed on behalf of respondents 1 to 4.

(3.) The question is whether the order of removal passed under section 13 of the Act will act as a disqualification under section 79 of the Act. Section 79 of the Act lays down the various disqualifications under which a person shall be disqualified for election, nomination or appointment as a Mukhia, member of the Executive Committee, Sarpanch or Panch. The petitioner has been found to be disqualified under section 79 (e) of the Act which reads as under : "79 (e). Has been dismissed from the service of the Central or State Government or any local authority for misconduct and has been declared to be disqualified for employment in the public service."