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2013 Supreme(Pat) 1642

NAVIN SINHA, SHIVAJI PANDEY
Punam Devi W/o Dhrub Shankar Singh @ Dhrub Singh – Appellant
Versus
State of Bihar Through The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna – Respondent


Advocates Appeared:
For the Appellant :Mr. S.N. Sharma, Sr. Advocate, Mr. Ramakant Sharma, Sr. Advocate, Mr. Rajesh Kumar, Advocate, Mr. Ravish Chandra, Adv.
For the Respondents: Mr. Amit Srivastava, Adv.

ORDER :

NAVIN SINHA, J.

1. We have heard counsel for the Appellant and the State Election Commission (hereinafter referred to as ‘the Commission’).

2. The present Appeal arises from order dated 06.03.2013 passed in C.W.J.C. No. 20480 of 2012. The application has been allowed and the election of the Appellant set aside on the ground that she was below 21 years of age on the date of filing of nomination, as determined by the Commission.

3. We find that no ground has been urged before us with regard to any procedural infirmity in the decision making process by the Commission. Findings of facts arrived at by it after hearing the parties based on admissible evidence have to be given finality and it shall not be our jurisdiction to reopen questions of facts in review jurisdiction.

4. We must also take notice of the submission on behalf of the Appellant that the question of her age being a disputed question of fact could not be examined by the Commission examine and that the matter could only have been decided in an Election Petition where evidence could have been led. We do not agree with the submissions as we do not find any disputed facts surviving after cross verification was done by the C




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