RAMESH KUMAR DATTA
Ranjeet Kumar-ii Son Of Shri Saket Bihari Sharma – Appellant
Versus
State Of Bihar Through Secretary, Rural Development Department – Respondent
Ramesh Kumar Datta, J.
1. Heard learned Counsels for Respondent No. 8, the State Election Commission and the State of Bihar.
2. The petitioner being aggrieved by the order dated 4.8.2006 passed in case No. 20/06 by the State Election Commission, has approached this Court for quashing the same.
3. The stand of the petitioner is that the respondent No. 8 being a dismissed employee of the Bihar State Co-operative Land Development Bank Limited was disqualified from contesting the election to the post of member of Zila Parishad from Nardiganj-II in the district of Nawadah from which he was subsequently elected. In this regard learned Counsel for the petitioner relies upon the provision of Section 136(1)(f) of the Bihar Panchayat Raj Act, 2006 which is quoted below:
136. Disqualification for Membership - (1) Notwithstanding anything contained in this Act, a person shall be disqualified for election or after election for holding the post as Mukhiya, member of the Gram Panchayat, Sarpanch, Panch of the Gram Katchahri, member of the Panchayat Samiti and member of Zila Parishad, if such person - ...
(f) has been dismissed from the service of Central or State Government or any local
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