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2015 Supreme(Pat) 230

L.NARASIMHA REDDY, SUDHIR SINGH
Neelam Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant/s : Mr. S.B.K. Manglam, Adv. Mr. Ravi Ranjan, Adv. Mr. Chandan, Adv.
For the Respondent/s: Mr. Amit Shrivastava, Adv. Md. Rashid Alam, Adv. Mr. Y.V. Giri (Sr. Adv.) Md. Najmul Hoda (Adv.) Mr. Vivek Anand Amritesh, AC to GP-21

JUDGMENT

1. In this Letters Patent Appeal, the judgment dated 23.4.2014, rendered in C.W.J.C. No.13143/13, by the Learned Single Judge is challenged. The appellant is the 11th respondent in the writ petition.

2. Election to the Panchayats in the State of Bihar were held in March, 2011. The appellant, the 11th respondent (for short the respondent) i.e. the writ petitioner, and certain others filed nominations for the office of Mukhiya of Sahebpur Kamal Panchayat of Begusarai District. The respondent was declared elected. No election petition was filed by anyone challenging the election.

3. The appellant filed a petition before the Bihar State Election Commission, the 2nd respondent herein (for short the Commission), in November, 2011 with a prayer to declare the election of the respondent to the office of Mukhiya of Gram Panchayat in question, as void. The only reason pleaded by her was that the respondent was below the age of 21 years, as on the date of filing of nominations. She pleaded that the respondent studied Bastania course in a Madarsa and, according to a certificate and mark-sheet issued by the Bihar State Madarsa Education Board, her date of birth is 12.4.1992 and, if the












































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