CAV JUDGMENT

Date : 21-03-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.

2. The present writ petition has been filed for the following reliefs:-

"(i) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing of the order dated 19/02/2024contained in тето по. 695 passed by the State Election Commissioner, Bihar, Patna, by which the election of the petitioner against the post of Mukhiya of Bijubigha in Meskaur Block in the district of Nawada has been cancelled in terms of the provisions contained under Section 136(1) (D) read with Section 136 (2) of the Bihar Panchayat Raj Act, 2006 while holding the petitioner to be disqualified to contest the election:

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to refrain from giving effect the aforesaid order dated to 19/02/2024 contained in memo по. 695 passed by the Commissioner, State Bihar, Election Patna and accordingly,allow the petitioner to continue in the capacity of Mukhiya Bijubigha in Meskaur Block in thedistrict of Nawada following her election in the said capacity in accordance with law;

(iii) Issuance of a declaration 1holding that in terms of the provisions contained under Section 136(1) of the Bihar Panchayati Raj Act, 2006, the petitioner was duly qualified for being elected as the of the concerned Gram Panchayat and as such, she did not suffer any disqualification;

(iv) Any other relief that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

3. Learned counsel for the petitioner submits that the petitioner had resigned from the post of the Community Mobiliser on 29.09.2021 and the same was accepted by the authority on the same day and after resigning from the post of Community Mobiliser, she accordingly contested the election of Mukhiya and she was elected. Subsequently, the Respondent No. 9 has filed a complaint before the State Election Commission, Bihar, Patna which was recorded as Misc. Case No. 606 of 2022 and the Election Commission after hearing the party and from perusal of the record came to the conclusion that on the relevant date the petitioner was serving as the Community Mobiliser and as such, she was receiving payment and thus was not eligible for filing her nomination/elected as Mukhiya. Accordingly, Section 136(1)(d) read with Section 136 (2) of the Bihar Panchayat Raj Act, 2006, the post was declared vacant with further direction to the authority to take steps for fresh election on the said post.

4. Learned counsel for the petitioner submits that she had resigned from the post in question on 29.09.2021 and the same was received on the same day in the office of the concerned respondents and apart from that, from bare perusal of the office order dated 20.02.2015 with respect to Jeevika he has pointed out the payment of Community Mobiliser as mentioned in the office order dated 20.02.2015 is quoted as follows:-

Payment of the Community Mobiliser

1. During the internship period, BPIU/ VO will pay Rs. 750/- (lump sum) per month to Intern through account payee cheque.

2. After the confirmation, BPIU/ VO will review the performance of Community Mobiliser on monthly basis and release the honorarium based on their performance by account payee cheque. It should be recorded in the books of accounts including the payment voucher.

Payment Matrix (for 1 Community Mobiliser)