The election of a candidate can be declared void if they fail to disclose material information in their nomination, affecting the election outcome, as per the Bihar Panchayat Raj Act.

JUDGMENT :

Rajiv Roy, J.

Heard the parties.

(A) PRAYER:

2. The writ petition has been preferred for the following reliefs:

(i) for issuance of an appropriate writ in the nature of CERTIORARI for quashing the judgment and order dated 29.08.2023 passed by the learned Election Tribunalcum- Civil Judge Junior Division, Bikramganj, District - Rohtas at Sasaram in Election Petition No.05 of 2021, whereby and where under the learned Civil Judge, Junior Division, Bikramganj has been pleased not only to set aside the election of writ petitioner as duly elected Mukhiya of Gram Panchayat Raj, Bharsara under Dinara Block of Rohtas District but had also been pleased to declare the election petitioner, the Respondent no.4 as the duly elected candidate for the post of Mukhiya of said Gram Panchayat;

(ii) for a declaration that in view of the provisions contained under Section -140(1)(a) & (b) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Gram Panchayat Act), an election petitioner can be declared to have been elected by the prescribed authority but only after recording a finding that in fact it is the election petitioner had received majority of valid votes in the said election whether on account of corrupt practices or for any reason whatsoever and to that extent the impugned judgment when it declare the election petitioner as the duly elected candidate for the post of Mukhiya of Gram Panchayat Raj, Bharsara is without jurisdiction and based on no evidence;

(iii) for issuance of any other appropriate writ/writs, order/ orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.

(B) PETITIONER’S CASE:

3. The matter relates to the Gram Panchayat Raj Bharsara under Dinara Block in the district Rohtas where pursuant to the announcement of the 2021 Panchayat election by the State Election Commission, Bihar (henceforth for short ‘the Commission’), the petitioner and the Respondent nos. 4 to 11 contested the election whereafter the petitioner was declared elected as ‘Mukhiya’.

4. The respondent no.4 thereafter preferred Election Petition no. 05 of 2021 before the Election Tribunal calling in question the election of the petitioner on the ground that in her affidavit attached with the nomination paper, she suppressed /did not disclosed many material informations as mandated under Section 125A of the Bihar Panchayat Raj Act, 2005 (henceforth for short ‘the Act’).

5. On 01.02.2022, the said election petition was admitted for hearing and direction was given for the issuance of notice upon the Respondents through the ordinary process. The case of the petitioner is that even before the return of process of notices issued to the Respondents in compliance of the order dated 01.02.2022; on 08.03.2022, when the matter was again taken up by Court, it was pleased to issue direction for taking steps for service of notices against the Respondents through the registered post despite no clarification on the service report of the earlier notice dated 01.02.2022.

6. The matter was next fixed for 18.04.2022 when again without having any information about the registered notice dated 08.03.2022, direction was issued to take steps for the substituted mode of service through Newspaper publication fixing the matter for 28.04.2022 and thereafter for 10.05.2022.

7. On 10.05.2022, when the case was taken up, it was adjourned for 20.08.2022 on which date, an order was passed for an ex-parte hearing against the Respondent nos. 1 to 7.

8. The claim of the petitioner is that the ordersheet nowhere shows service of notices upon the respondents. Despite that, an order was passed for an ex parte hearing.

9. The petitioner further claims that she never came to know about the hearing of the election petition against her and if any written statement on her behalf was filed in the court, it is a fraud played by someone to show that the petitioner had appeared in the case and had filed her written statement.