IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7185 of 2020

======================================================

Priyam (Gender-Female), aged about 37 years, W/o- Shri Sunil Kumar

Resident of Pratap Bhawan, Goriya Toli, Anaith, P.O.- Anaith, P.S.- Ara,

Nawada, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Urban Development and

Housing Department, Govt. of Bihar, Patna.

2.

The District Magistrate- cum- District Election Officer Municipality,

Bhojpur at Ara.

3.

Mr. Abhay Kumar Pandey S/o Shri Dinesh Pandey Resident of Village-

Simariya (Barhara), P.O. and P.S.- Barhara, District- Bhojpur.

----- Respondents 1^st Set

4.

The State Election Commission Bihar, Patna through its Secretary, State

Election Commission, Bihar, 5th Floor, Sone Bhawan, Veer Chand Patel

Path, Patna- 800001.

5.

The State Election Commissioner State Election Commission, Bihar, 5th

Floor, Sone Bhawan, Veer Chand Patel Path, Patna- 800001.

... ... Respondents 2^nd Set

======================================================

Appearance :

For the Petitioner/s

:

Mr. Shri Prakash Srivastava, Adv.

Mr. Abhay Kumar Pandey, Adv.

For the S.E.C.

:

Mr. Amit Shrivastava, Adv.

Mr. Sanjeev Nikesh, Adv.

For the Resp. No.3

:

Mr. Y.V. Giri, Sr. Adv.

Mr. Ranjeet Choubey, Adv.

For the State

:

Mr. Manish Kumar, AC to AAG-6

======================================================

CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY

ORAL JUDGMENT

Date : 15-01-2021

Heard learned counsel for the parties.

In the present case, the petitioner is seeking relief for

quashing the order dated 28.02.2020 (Annexure-P/5) passed by the

Respondent No.5 in Case No. 30 of 2019 by which the petitioner

Patna High Court CWJC No.7185 of 2020 dt.15-01-2021

2/19

has been declared unsuited on account of violation of Section

18(1)(k) of the Bihar Municipal Act, 2007 (hereinafter to be

referred to as ‘the Municipal Act’) as it has been recorded that the

petitioner did not pay all the taxes due by him to the Municipality

at the end of the financial year immediately preceding that in

which the election was held.

The short fact of this case is that the election of Ara

Municipal Corporation was conducted in the year 2017 in which

the petitioner filed her nomination paper on 25.4.2017 for the post

of Ward Councilor from the Ward No. 44 which was accepted,

fought the election, declared elected as Councilor on 23.5.2017.

She also filed her nomination for the post of Mayor of Ara

Municipal Corporation on 9.6.2017, was elected on the post but,

after a while, two independent persons of the locality, namely,

Santosh Kumar and Abhay Kumar Pandey filed their respective

complaint to the Bihar Election Commission, Respondent no.5.

The complaint of Santosh Kumar was not under consideration

before the Bihar Election Commission rather the complaint of

Abhay Kumar Pandey, who filed complaints on two occasions,

was deliberated, wherein took a plea that the petitioner suppressing

the material fact and without making payment of up-to-date

Patna High Court CWJC No.7185 of 2020 dt.15-01-2021

3/19

municipal rent, filed her nomination paper and was elected

accordingly.

In the first complaint dated 8.11.2019 (Annexure-2), he

has stated that as per Section 18(1)(k) of the Bihar Municipal Act,

deals with violation to deposit all taxes due by him to the

Municipality at the end of the financial year immediately

preceding that in which the election was held, has earned

disqualification, giving example that the petitioner has an ancestral

house in holding no. 153 having an area of 3566 Sq.ft. but, she has

not mentioned in the nomination paper. Secondly, her husband

Sunil Kumar and family are running a business establishment in

the name and style of Pratap International School standing in

holding no. 205/A having an area of 8894 Sq.ft. but, the valuation

of the property was not done n