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2012 Supreme(Pat) 277

SAMARENDRA PRATAP SINGH
Geeta Gupta – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Y.V. Giri, Surendra Kishore Thakur, Aloke Kumar Jha.
For the State : Mr. Saroj Kumar Sharma.
For the Election Commission : Mr. Sanjeev Nikesh.
For the Pvt. Respondent: M/s Rana Pratap Singh, Arun Kumar. .

Order

The petitioner prays for quashing of the order dated 4.11.2011 of Respondent No.2, State Election Commissioner, whereby he has been disqualified for election to the post of Mukhiya of Gram Panchayat, Amba South and authorities were directed to undertake steps for fresh election as the post of Mukhiya of the Gram Panchayat has fallen vacant.

2. Before I discuss the grounds on which the impugned order has been challenged, it would be necessary to notice the relevant facts and provisions of law. The petitioner, respondent no. 6 and one Phool Kumari Devi, mother of respondent no. 6 and few others contested the post of Mukhiya of Gram Panchayat, Amba South. The last date for filing nomination was 1 .3.2011, the date of scrutiny was 8.3.2011 and date of election (voting) was 24.4.2011. The petitioner having secured highest votes was declared elected and a certificate was duly issued in her favour Respondent No. 6 objected the acceptance of nomination of petitioner in his application dated 9.3.2011 to the Secretary, State Election Commission. The Respondent No. 6 stated that petitioner was working as a Asha Worker on the date of election (polling) and thus holding office of profit, wh
























































































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