ANIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In an application under Articles 226 and 227 of the Constitution of India, these petitioners have prayed for quashing the election of the Municipal Commissioners of the Siwan Municipality which was held on 1st Oct., 1977 and the result of the election was published on 3rd Oct., 1977.

(2.) The case of petitioner No. 1 was that he was eligible for being candidate for the Municipal Commissioner (see Para No. 10 of the writ petition). It is also stated that petitioner No. 2 was a candidate from ward No. 9, and petitioner No. 3 was a candidate from ward No. 4 (see Paras 12 and 13 of the writ petition). In this writ petition, the petitioners have challenged the validity of the entire election of the Municipal Commissioners of the Siwan Municipality which was held on 1st October, 1977.

(3.) The short point for consideration is: Whether in a case where the entire election of a certain Municipality is being challenged, such a dispute can be decided by the Election Commissioner or not?