1. Heard Mr. D.K. Sinha, learned Counsel for the appellant and Mr. P.K. Shahi, learned Advocate General for the respondents.

2. This appeal is directed against the order dated 18.7.2007, passed by a learned Single Judge of this Court in C.W.J.C.No. 14236 of 2006 dismissing the writ application.

3. The short facts giving rise to this appeal are as under:

The appellant, who was working on the post of Angan Bari Sevika, resigned from her post on 20th February, 2006 to contest for the post of Mukhiya of Pakharpur Gram Panchayat in the district of Arwal. Her resignation dated 20th February, 2006 was accepted on 21.2.2006 by the Aam Sabha. In the election for the post of Mukhiya, however, she was elected. After her election, the matter, however, was reported to the Election Commission that the appellant was disqualified to contest, the election of Mukhiya as she was an Angan Bari Sevika, coupled with the facts that her resignation was not accepted properly and she was holding a post of profit. The election Commission thereafter issued notices to the parties, where the appellant appeared and put forth her claim saying that, she had resigned from the post of Angan Bari Sevika on 20