SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Pat) 162

RAMESH KUMAR DATTA
Ranjeet Kumar-ii Son Of Shri Saket Bihari Sharma – Appellant
Versus
State Of Bihar Through Secretary, Rural Development Department – Respondent


JUDGEMENT

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















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top