NAVIN SINHA, J.

Heard learned counsel for the appellant, the State Election Commission and for respondent no. 11.

2. The present Appeal arises from order dated 10.01.2013 dismissing C.W.J.C. No. 3388 of 2012 preferred by the appellant affirming the order of the State Election Commission of 18.01.2012, on a complaint by respondent no. 11 that the appellant was short of 21 years of age (18 years 4 months 22 Days) when she filed her nomination for election to the post of Mukhiya and thus ineligible to contest.

3. The appellant was a candidate for the post of Mukhiya in the Gram Panchayat Bhagwanpur Desua, P.S. & Block-Ujiyarpur, District-Samastipur at the Panchayat Elections held in the year 2011. The complaint was filed by respondent no. 11 under the provisions of Section 136 of the Bihar Panchayat Raj Act, 2006.

4. Learned counsel for the appellant submitted that the order by the State Election Commission was passed in haste behind her back. She was not heard denying adequate opportunity of defence, indicative of malice in law. The reply submitted by her lawyer had not been considered, it vitiates the final order as excluding relevant materials from consideration. The consequence