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2014 Supreme(Pat) 1192

ANJANA MISHRA, I.A.ANSARI
STATE ELECTION COMMISSION, BIHAR – Appellant
Versus
MANAGER PRASAD – Respondent


Advocates Appeared:
For the Appellants :Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate
For the Respondent No. 1:Mr. S. B. K. Mangalam, Advocate Mr. Ranjeet Choubey, Advocate, Mr. Manoj Kr. Sinha, AC to SC 30 Mr. Siya Ram Sahi, Advocate Mr. Santosh kr. Pandey, Advocate

ORDER :

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 Commis






























































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