SHIVA KIRTI SINGH, J.

1. The appellant was declared elected to the post of Mukhia of Mahinathpur Gram Panchayat in the district of Madhubani (Bihar) in the last election. Soon thereafter a complaint case bearing no. 2 of 2007 was filed before the State Election Commissioner, Bihar. That case was heard on several dates, the State Election Commissioner allowed the parties to produce evidence and also got the matter enquired by the District Magistrate, Madhubani who submitted a report to the State Election Commissioner against the appellant that he had acquired Nepali Citizenship when he attained the age of 17 years and his father and one of his brothers were also citizens of Nepal. Considering all the evidence and materials, the State Election Commissioner by order dated 25.5.2007, passed in exercise of power under section 136 (i)(a) of the Bihar Panchayat Raj Act (hereinafter referred to as the Act) disqualified the writ petitioner/appellant from holding the post of Mukhia. The said post was ordered to be treated as vacant and during the pendency of the writ petition, respondent no. 4 has been elected to that post. The writ petition was dismissed by the order under appeal d