MD.SIKANDAR v. THE STATE OF BIHAR

Heard learned counsel for the petitioner, learned counsels for the State and for the State Election Commissioner. The petitioner seeks direction upon the State Election Commissioner to complete the enquiry regarding the complaint made by the petitioner with respect to illegal filing of nomination for contesting the post of Mukhiya, Bakaur Gram Panchayat, Supaul by respondent no. 6 and further to remove respondent no. 6 from the post of Mukhiya. At the outset learned counsel is unable to satisfy this Court as to whether the allegations made against respondent no. 6 come within the disqualifications provided under Section 136(1) of the Bihar Panchayat Raj Act, 2006. Unless a person was before election or has become after election subject to any of the disqualifications mentioned in sub Section (1) of Section 136 the State Election Commissioner does not have any jurisdiction to interfere with his election. Any such allegations can only be dealt - 2 - with in an election petition under Section 137 of the Act. In view of the fact that the allegations of the nature made in the present application admittedly do not come within the purview of Section 136(1) of the Act, hence the State Election Commissioner has no jurisdiction to proceed in the matter and accordingly no mandamus can be issued to him in this regard. There being no merit the writ petition, is, accordingly, dismissed. P. Kumar (Ramesh Kumar Datta, J.)