ORAL JUDGMENT

24-04-2023 Heard learned counsel for the petitioner, learned counsel for the State Election Commission and learned counsel appearing for the Private Respondent.

2. The learned counsel for the petitioner submits that the dispute in the present case relates to disqualification under Section 136(1)(b) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the ‘Act’). It is next submitted that the State Election Commission under Section 136(2) of the Act has jurisdiction to decide the issue of disqualification.

3. The learned counsel for the petitioner submits that petitioner is aggrieved by an order dated 03.11.2022 passed by the State Election Commissioner, Bihar (Respondent No.2) in Case No.04 of 2022 (Seema Kumari vs. Arti Kumari) communicated to the petitioner by Respondent No.3 vide his Memo No.04 dated 03.11.2022, whereby the Respondent No.2 declared the petitioner disqualification to hold the post of Mukhiya of Gram Panchayat Raj, Ghoshwari on the ground that she had contested the election even before attaining the age of 21 years in breach of Section 136(1)(b) of the Act. 4. The learned counsel for the petitioner submits that the order passed by the Respo