ANJANA MISHRA, J.

The two appeals, presented before us, seek to challenge the order, dated 13.12.2013, passed in CWJC No. 17493 of 2013, whereunder a learned single Judge of this Court has set aside the order, dated 02.08.2013, passed by the State Election Commissioner, Bihar, disqualifying the writ petitioner on the ground that on the date of filing his nomination, he was in default of payment of tax in respect of Holding No. 177 of Rafiganj Nagar Panchayat. The learned single Judge has further held that the Commissioner’s power is limited to adjudicating a dispute summarily and he has no jurisdiction to direct lodging of a First Information Report and the Commissioner has, thus, exceeded its jurisdiction, while making the order, dated 02.08.2014, aforementioned.

2. Being aggrieved by the findings of the learned single Judge that the State Election Commissioner, Bihar, has the limited jurisdiction to adjudicate dispute, which can be dealt with and disposed of, summarily and that it has no authority to direct lodging of a First Information Report, the State Election Commission, Bihar, has preferred appeal, which has given rise to L.P.A. No. 443 of 2014.

3. Similarly, Ravindra Prasad (i.e. respondent No. 10 in the writ petition), being aggrieved by the decision of the learned single Judge allowing the writ application in favour of the writ petitioner and setting aside, thereafter, the order, dated 02.08.2014, passed by the State Election Commissioner, Bihar, has also preferred an appeal, which has come to be registered as L.P.A. No. 119 of 2014.

4. With the consent of all the parties, both the appeals have been taken up together and are being disposed of by this common order at the stage of admission itself.

5. The facts, giving rise to the present appeals, may be set out as under:

(i) The writ petitioner, namely, Manager Prasad, filed his nomination for being elected to the office of the Councillor of Ward No. 1 of Rafiganj Nagar Panchayat under Aurangabad district. Rabindra Prasad, respondent No. 10 in the writ petition, was also a candidate in the said election. On scrutiny of the nomination papers of all the candidates, Returning Officer accepted all the nomination papers, which included the nomination papers of the writ petitioner and respondent No. 10 in the writ petition, and, then, the Returning Officer published the list of contesting candidates. At that juncture, there was no dispute regarding the validity of nomination paper of any of the candidates leave alone the writ petitioner. The writ petitioner contested the election and, in course of time, he was declared elected by the Returning Officer. Following the declaration of the result of the writ petitioner, Manager Prasad, as the Councillor of Ward No. 1 of Rafiganj Nagar Panchayat, a certificate was, in this regard, issued to him and he took oath of the office accordingly.

(ii) On 20.6.2012, respondent No. 10, in the writ petition, Ravindra Prasad, filed a complaint before the State Election Commissioner, Bihar, alleging therein, inter alia, that the writ petitioner, Manager Prasad, had not deposited tax of Holding No. 177, he had not paid his electricity bills and also not made a declaration with regard to the loan, availed by his wife, during the financial year 2008-2009 to 2011-2012, a sum of Rs. 880/- was still lying due, as tax, against the writ petitioner and that the writ petitioner, Manager Prasad, being a defaulter in respect of payment of tax, could not have participated in the election.

(iii) Pursuant to the complaint aforementioned, so filed against the writ petitioner, Manager Prasad, the State Election Commissioner, Bihar, directed, on 13.06.2012 and 03.07.2012, the District Magistrate-cum-District Election Officer (Municipality), Aurangabad, to make an enquiry on the allegations levelled against the writ petitioner, Manager Prasad, by respondent