HARISH KUMAR
Usha Kumari Daughter of Domi Rajak and Wife of Raja Kumar – Appellant
Versus
State of Bihar – Respondent
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
Abuzar Hossain @ Gulam Hossain Vs. State of West Bengal reported in 2012 (10) SCC 489
Annu Kumari @ Annu Sharma Vs. The State Election Commission
Brij Mohan Singh Vs. Priya Brat Naraian Sinha & Ors. since reported in AIR 1965 SC 282
Mamta Kumari Vs. State of Bihar and Others reported in 2022 (5) BLJ 599
Sanjeev Kumar Gupta Vs. State of Uttar Pradesh & Anr. reported in 2019 (12) SCC 370
Sham Lal @ Kuldip Vs. Sanjeev Kumar and Others reported in AIR 2009 SC 3115
Sharda Devi Vs. State of Bihar & Ors. reported in 2019 (3) BLJ 295
Sharda Rani Sahay & Ors. Vs. State of Bihar & Ors. reported 2004 (1) PLJR 261 (SC)
State of M.P. & Ors. Vs. Mohan Lal Sharma
Umesh Chandra Vs. State of Rajasthan reported in AIR 1982 SC 1057
Matriculation certificates are authoritative for age determination in election matters, unless contradicted by unimpeachable evidence.
The court upheld the disqualification of a Sarpanch candidate for having children after the statutory cut-off date, emphasizing the primacy of official records over private documents in determining e....
Failure to disclose accurate age disqualifies election candidates under Section 43-AA(b) of the Uttar Pradesh Municipalities Act, establishing the importance of truthful declarations and burden of pr....
Election candidates must provide authentic documentation. Discrepancies in age and qualifications may lead to disqualification.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.