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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR SINHA
Kaushmi Devi @ Kousami Devi W/o Shri Suresh Manjhi – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ALOK KUMAR SINHA, J.
1. Heard the parties.
2. The petitioner in the present writ application has prayed for quashing the order dated 17.12.2024 (Annexure-P-4) passed in Case No. 15 of 2023 (Ashok Kumar Manjhi vs. Kaushmi Devi & Ors.) by the respondent State Election Commission, which has been further communicated vide Memo No.15 of 2023 /4364 dated 17.12.2024, by which the Respondent State Election Commission, in purported exercise of power under Section 18(2) of the BIHAR MUNICIPAL ACT , 2007, has disqualified the petitioner from holding the duly elected post of Deputy Chief Councillor, Gaya Nagar Parishad, Bodh Gaya under Section 18(1)(m) of the said Act. The petitioner has questioned the decision of the Respondent State Election Commission on the ground that the complaint filed by Ashok Kumar Manjhi (respondent no.8) was not maintainable in law and ought not to have been entertained because the allegation levelled therein was not based on any unimpeachable material. In fact as per the learned Senior Counsel for the petitioner, the complaint was illegally entertained and disputed questions of fact were decided by the Respondent State Election Commission which was beyond t
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