1. By virtue of order dated 20-12-2006 contained in Annexure-4, the State Election Commissioner, while exercising power under Section 135(1) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) has disqualified the petitioner from the post of Mukhiya, Ballour Gram Panchayat in the District of Darbhanga on the ground that the petitioner was a Nepali citizen and therefore, is not entitled to occupy the elected office under question. Petitioner wants the impugned order, therefore, to be set aside in the present writ application.

2. A complaint was filed by one Shri. Sunil Kumar Jha of Ballour Village on the ground that Shri. Narendra Narayan Das, the petitioner in the present writ application by making a false declaration had contested the election to the post of Mukhiya, even though, he is a resident of House No. 55 D.S.P. Road, Ward No. 3 of Viratnagar, Nepal and is a Nepalese citizen having citizenship No. 1177/031/32. Based on the said complaint, case No. 47/2006 was instituted by the State Election Commission. After notice to the concerned parties, the matter finally came to be adjudicated upon vide order dated 20-10-2006. The Election Commission afte