S.N.Hussain, J.

1. This writ petition has been filed for quashing order dated 13.09.2006 (annexure-1) passed by the State Election Commissioner (respondent No. 2) in Case No. 41 of 2006 by which the petitioner, who was elected as Mukhiya of Dumri Gram Panchayat (Darbhanga), has been disqualified for not attaining the age of 21 years as per the provisions of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act for the sake of brevity) and directed that the said post be treated as vacant.

2. The admitted fact of this case is that election for various posts under the Act was notified by the respondents and on 27.03.2006 nomination papers were filed by the petitioner for the post of Mukhiya of Dumri Gram Panchayat (Darbhanga) which was scrutinised without any objection raised by any one. Finally, elections were held on 18.05.2006, whereafter the result was declared on 20.06.2006 and the petitioner took oath as Mukhiya on 07.07.2006 as she obtained the highest votes. Subsequently on 11.08.2006 (annexure-3), respondent No. 5, who is a voter of the said Gram Panchayat and is the husband of one of the loosing contestants for the same post, filed complaint before th