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2015 Supreme(Pat) 18

JYOTI SARAN
Nityanand Singh @ Nityanand Yadav – Appellant
Versus
State Election Commission – Respondent


Advocates:
For the Petitioners: M/s Y.V. Giri, Ranjeet Choubey.
For the Resp.-State : Mr. Shyameshwar Kumar Singh.
For State Election Commission : M/s Amit Shrivastava, Girish Pandey.
For the Respondent No. 8: Mr. Sanjeev Nikesh.

JYOTI SARAN, J.:–Heard Mr. Y.V. Giri, learned senior counsel appearing on behalf of the petitioner, Mr. Shyameshwar Kumar Singh, learned Assisting Counsel to Government Pleader No.12 for the State, Mr. Girish Pandey for the State Election Commission and Mr. Sanjeev Nikesh who has registered appearance for the respondent no.3, the Executive Officer, Nagar Parishad, Arwal cum- Senior Deputy Collector, Arwal and has also filed a counter affidavit.

2. The parties have been heard on merits and the matter is being disposed of at the stage of admission itself by way of this judgment.

3. The petitioner is aggrieved by an order dated 24.11.2014 passed in Case No.22 of 2013 by the State Election Commission, whereby the petitioner stands disqualified under section 18(1) (l) and section 18(2) of the Bihar Municipal Act, 2007 (hereinafter referred to as ‘the Act’).

4. Mr. Giri, learned senior counsel appearing for the petitioner with respect to the order impugned has submitted that even when the records reflect that the notice relating to the meeting was never served on the adult member of the family as mandated under section 377 of ‘the Act’ nor the petitioner was given 72 hours advance notice a










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