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2023 Supreme(Pat) 1419

HARISH KUMAR
Usha Kumari Daughter of Domi Rajak and Wife of Raja Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. B. K. Mangalam, Advocate, Mr. Awnish Kumar, Advocate
For the SEC :Mr. Sanjeev Nikesh, Advocate
For the Respondent:Mr. Kumar Alok, SC-7, Mr. S. D. Sanjay, Sr. Advocate, Mr. Praveen Kumar Agarwal, Advocate

JUDGMENT :

This Court has heard Mr. S B K Mangalam, learned advocate appearing on behalf of the petitioner, Mr. Kumar Alok, learned SC – 7 for the State. The State Election Commission is represented by Mr. Sanjeev Nikesh, learned advocate. Mr. S D Sanjay, learned senior advocate duly assisted by Mr. Praveen Kumar Agarwal, learned advocate for the private respondent no. 11.

2. Having notified Panchayat Election in Gram Panchayat Raj, Dhabauli East under Patarghat Block of Saharsa District, the petitioner filed her nomination to contest the said election for the post of Mukhiya.

3. After scrutiny of the nomination paper, the petitioner along with others were allotted election symbol by the Returning Officer. There was no objection against the nomination/candidature of the petitioner from any quarter. The petitioner was finally declared successful for the post of Mukhiya.

4. The respondent no. 11, soon after the declaration of result of election filed a complaint before the State Election Commission with a prayer to declare the petitioner disqualified to hold the post of Mukhiya of said Gram Panchayat, in terms of Section 136(1)(b) of the BIHAR PANCHAYAT RAJ ACT , 2006 on the ground that

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