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HARISH KUMAR
Rakhi Gupta – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J. – Heard Mr. S B K Mangalam, learned advocate for the petitioner, Mr. Abbas Haider, learned SC-6 representing the State of Bihar, Mr. Sanjeev Nikesh, learned advocate for the State Election Commission and Mr. Anshul, learned advocate for the respondent no. 7.
2. The petitioner, who had been holding the post of Mayor, Chapra Municipal Corporation, Saran at Chapra, by invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India preferred the present writ petition for the following reliefs: –
(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 13.04.2023 passed by the Respondent no.3 in Case No.13 of 2023 (Sunita Devi vs. Rakhi Gupta), whereby and where under the Respondent no.3 has been pleased to reject the petition dated 13.04.2023 filed by the petitioner challenging the maintainability of complaint filed by the Respondent no.7 against the petitioner under Section 18(2) of the Bihar Municipal Act, 2007 (hereinafter referred to as the Municipal Act).
(II) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the proceeding of Case No.13 of 2023 instituted by the
The main legal principle established in the judgment is that the State Election Commissioner must consider disqualification issues based on unimpeachable materials and relegate parties to a competent....
The court affirmed the legislative authority of the Election Commission to remove elected officials for disqualifications and established the burden of proof for authenticity rests on the individual.
The legal principle indicates that disqualification for illegal occupation of land applies solely to the individual committing the act, not to family members.
The availability of alternative remedy does not bar the exercise of writ jurisdiction when there is a violation of natural justice or when the decision-making process is without jurisdiction.
The main legal point established in the judgment is the timely submission of election expenses and the jurisdiction of the Divisional Commissioner in setting aside the District Collector's disqualifi....
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