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2019 Supreme(Pat) 465

ASHWANI KUMAR SINGH
Sharda Devi D/o Shri Lalan Ravidas – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Prakash Srivastava, Mr. Amresh Kumar Sinha, Mrs. Anu Priyadarshini, Adv.
For the State : Mr. Ram Subhas Singh, AC to AAG7
For the Election Commission Mr. Amit Shrivastava, Mr. Sanjeev Nikesh, Adv.
For the Respondent: Mr. S.B.K. Manglam, Mrs. Anita Kumari, Adv.

JUDGMENT :

The instant writ petition has been filed by the petitioner for quashing the order dated 12.04.2018 passed by the respondent no.3 in Case No. 70 of 2017 by which he has declared the petitioner as disqualified under Section 18(2) of the Bihar Municipal Act, 2007 (for short ‘Municipal Act, 2007’) on the ground that she was elected without completing the age of 21 years.

2. The facts of the case, briefly stated, are that the respondent no.2 issued a notification for election of the Patna Municipal Corporation, Patna in the year 2017. In contemplation to the notification, the petitioner being a member of Scheduled Caste filed her nomination paper from Ward No. 19 for the post of Ward Councilor. In the voter list of 2017 of Ward No.19, name of the petitioner was mentioned at serial no. 3213 and her age was mentioned as 21 years. On the basis of the said voter list, she was also issued voter identity card no. AFS3511094. At the time of filing of nomination paper, no objection from any corner was made. In scrutiny, her nomination paper was found in order. She contested the election of the territorial constituency no.19 and was declared as returned candidate.

3. After declaration of

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