Pushpa Devi vs Samri Devi on 26 June, 2025

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Patna High Court

Pushpa Devi vs Samri Devi on 26 June, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.17488 of 2024
     ======================================================
     Pushpa Devi wife of Divakar Kumar Das, Resident of village- Dumariya
     Tand, P.O. - Khadaich, P.S. Khaira, District- Jamui (Bihar), PIN - 811317.

                                                              ... ... Petitioner/s
                                     Versus
1.   Samri Devi Wife of Ganesh Tati, Resident of Village- Lalpur, P.S. - Khaira,
     District - Jamui.
2.   Smt. Komal, Wife of Vinod Kumar, aged about not known, Resident of
     village - Sakhipura, P.S.- Khaira, District- Jamui.
3.   Pramila Devi, Wife of Basuki Tati, aged not known, Resident of village-
     Lalpur, P.S. Khaira, District - Jamui.
4.   Pramita Devi, Wife of Sitaram Tati, aged not known, Resident of Village-
     Kairakado , P.S. - Khaira, District- Jamui.
5.   Runi Kumar, Wife of Chandan Kumar, aged - not known, Resident of village
     - Khadaianch, P.S. Khaira, District- Jamui.
6.   Rekha Devi, Wife of Shyamsundar Manjhi, aged - not known, Resident of
     village - Dumri Chatod, P.S. - Khaira, District- Jamui.
7.   Supriya Suman, Wife of Sanjay Kumar Suman, age- not known, Resident of
     village- Khadainch, P.S. - Khaira, District- Jamui.
8.   Soni Kumari, Wife of Jitendra Kumar, aged-not known, Resident of village-
     Khadainch, P.S. - Khaira, District- Jamui.
9.   The Secretary, State Election Commission, Bihar, Patna.
10. The District Magistrate-cum-Election Officer, Jamui.
11. The Block Development Officer, Block - Khaira, District - Jamui, Bihar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. P.K. Verma, Sr. Advocate
     For the Respondent/s   :       Mr. Standing Counsel (13)
     For the Pvt. Resp.     :       Mr. D.K.Sinha, Sr. Advocate
     For the Election Commission:   Mr. Ravi Ranjan, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                           CAV JUDGMENT
      Date : 26-06-2025

                        Heard Mr. P. K. Verma, learned senior counsel

      appearing on behalf of the petitioner, Mr. D. K. Sinha, learned

      senior counsel appearing on behalf of the private respondents,
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         Mr. Ravi Rajan, learned counsel appearing on behalf of the State

         Election Commission and learned counsel for the State.

                            2. The present writ petition has been filed for

         setting aside the judgment dated 25.10.2024 passed by the

         Munsif cum Election Tribunal, Civil Court, Jamui in Election

         Case No. 07 of 2021 whereby the election of the petitioner as

         Mukhiya from Gram Panchayat Raj, Khadaich in Khaira, Jamui

         has been set aside and further respondent no. 1 has been

         declared elected as Mukhiya for the said gram panchayat, by

         completely ignorning the mandatory provisions contained under

         Bihar Panchayat Raj Act, 2006, the rules framed thereunder, and

         also against the law settled by the Hon'ble Apex Court and the

         High Court. The gram panchayat raj Khadich was reserved

         constituency for Scheduled Caste (Female) by a general

         notification of the State Government dated 24.08.2021. The

         Panchayat Election for Jamui district was held in 8 phase and

         polling date was 24.11.2021.

                            3. Learned counsel for the petitioner submtis that

         several candidates submitted their nomination paper for

         contesting the said election for the post of Mukhiya including

         the petitioner out of which nomination papers of 9 candidates

         were accepted and they were notified as contesting candidates.
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         The Respondent Nos. 1 to 8 apart from the petitioner have

         contested the elelction and the petitioner received the highest

         numbers of votes in the polling held on 24.11.2021 and after the

         counting held on 26.11.2021, she was declared elected as

         Mukhiya of the said panchayat. He further submits that after

         submission of the nomination papers by all the candidates,

         scrutiny was held by the Returning Officer in his office and all

         the candidates and their representatives were asked to remained

         present and after inviting objections on each nomination papers

         from all the candidates, the same was scrutinised and the

         decision to accept or reject the same was taken by the Returning

         Officer.

                            4. Learned counsel for the petitioner submits that

         during the scrutiny of the nomination papers of the petitioner,

         none of the candidates or their representatives have raised any

         objection nor any objection was raised by the officer

         scrutinising the nomination and affidavit of the petitioner. He

         further submits that after being defeated in the election, the

         Respondent No. 1 has chosen to raise dispute by filing Election

         Petition under Sections 137 and 139 of the Bihar Panchayat Raj

         Act, 2006 before the learned Munsif cum Election Tribunal,

         Jamui Civil Court on 24.12.2021 and the same was registered as
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         Election Case No. 07 of 2021. He further submits that the

         ground taken in the election petition was non disclosure of

         Complaint Case No. 56 (C) of 2018 which was pending before

         the Judicial Magistrate 1st Class, Jamui in which cognizance had

         been taken under Sections 448, 427, 379 and 34 of the Indian

         Penal Code and apart from that also obtained 10 decimal of

         agricultural land and showing of two rooms instead of 5 rooms

         in her house and not given the details of two wheelers in the

         affidavit submitted by the petitioner along with the nomination

         paper as required under Section 125 (a) (i) of the Bihar

         Panchayat Raj Act, 2006.

                            5. Learned counsel for the petitioner submits that

         the pleading cannot be amended in the plaint (Election Petition)

         brining new facts and allegations nor new prayer can be added

         nor necessary parties can be added in an election petition after

         the expiry of period of limitation prescribed in the Panchayat

         Raj Act and rules. Section 137 of the Act clearly mandates and

         sub Section 2(a) that where the claim is made for further

         declaration that he/she, himself/herself or any other candidate be

         declared elected, then all the contesting candidates shall be

         joined as respondents to the election petition. Rule 106(2)(a) of

         the Election Rules 2006 prescribes similar provisions. Further
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         Rule 106(1) read with Section 137(1) of Panchayat Raj Act

         prescribes the limitation of 30 days from the date of declaration

         of the result for filing the election petition. In the present case,

         admittedly the result of the election was declared on 26.11.2021

         and 30 days limitation expired on 26.12.2021 and the election

         petition was filed on 24.12.2021 but in the election petition

         neither all the contesting candidates who were the necessary

         parties as per the requirements of the Act were added nor there

         was any prayer for declaring the plaintiff elected. After expiry of

         period of limitation, an amendment was sought for on

         07.01.2022

by the plaintiff for not only adding the said prayer

but also for adding 7 contesting candidates who were the

necessary parties and for adding new facts and allegation in

paragraph no. 11 of the plaint. The same was wrongly allowed

by the learned Munsif even after the expiry of the limitation

period and the judgment was delivered thereon and the

Respondent No. 1 plaintiff was declared elected without framing

of issue on the point.

6. Learned counsel for the petitioner relied upon

the paragraph nos. 9, 10, 25 & 27 of the judgment in the case of

Neelam Kumari Vs. State of Bihar and Ors. reported in 2008

(3) PLJR 187 which are quoted hereinbelow:-

“9. The statute provides that
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where a person claims a declaration that
the election of all the returned candidates or
any of the returned candidate is void along
with a further declaration that he himself or
any other candidate has been duly elected,
then in the event that he wants declaration
of his own success to the prejudice of
another, all the contesting candidates in the
election fray have to be made parties to the
petition; but where he only seeks a
declaration of invalidity of a returned
candidate without consequent declaration
for himself, then he is required to implead
only the returned candidates.

10. In the present case, the relief
sought in the plaint is for a declaration of
invalidity of the election of the present
petitioner along with consequent
declaration of winning in favour of
Respondent No. 6/plaintiff. On a bare
reading of the statutory provisions, the
plaintiff-Respondent No. 6 was, therefore,
required to implead all the contesting
candidates in the election fray as parties in
the election petition. That has not been
done. If the statute provided the plaint to be
instituted in a particular manner, without
further more or any intervening
circumstances, the very presentation of the
plaint had to be done in that manner. The
language used in Section 137(2) is ‘shall’,
and does not give an option. In the case
reported in AIR 1976 SC 263 (Govind Lal
Chaggan Lal Patel v. The Agriculture
Produce Market Committee
) with regard to
the term ‘shall’ the Apex Court quoted the
following passage from page 1077 of the
judgment of the Apex Court in the case of
Khub Chand v. State of Rajasthan, reported
in AIR 1967 SC 1074:

“The term ‘shall’ in its ordinary
significance is mandatory and the Court
shall ordinarily give that interpretation to
that term unless such an interpretation
leads to some absurd or inconvenient
consequence or be at variance with the
intent of the legislature, to be collected from
other parts of the Act. The construction of
the said expression depends on the
provisions of a particular Act, the setting in
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which the expression appears, the object for
which the direction is given the
consequences that would flow from the
infringement of the direction and such other
considerations.”

25. The question of non-

impleadment of necessary parties when
specifically provided by the statute as
distinct from necessary parties based on the
relief sought in pleadings becomes a
question of jurisdiction. If it becomes a
question of jurisdiction, non-compliance
renders the suit without jurisdiction. The
analogy may be drawn from the provisions
of the Limitation Act. It is the solemn duty of
the Court to throw out the petition which is
barred by limitation notwithstanding that
the objection could not have been raised as
a defence. This is based on the premise that
the law bars the suit. Similar would be
position here. The suit ought to have been
thrown out at the very inception not being in
consonance with and fulfilment of statutory
requirements.

27. This Court, therefore, holds
that the very institution of the Election
Petition No. 2 of 2006 before the Court of
Sub-Judge IV, Supaul was not in
consonance with the statutory requirements
of Section 137(2) of the Bihar Panchayat
Raj Act and Rule 106(2) of the Bihar
Panchayat Election Rules framed
thereunder and should have been thrown
out at the inception itself. The judgment
dated 22-8-2007 in Election Petition No. 2
of 2006 rendered by Sub-Judge IV, Supaul
at Annexure-9 to the writ application is,
accordingly, set aside. The petitioner stands
restored to her position as the winning
candidate in whose favour statutory
winning declaration was issued. Let the
original records called for be returned to
the learned counsel for the State Election
Commission.”

7. The aforesaid paragraphs suggests that no

amendment in the election petition is permissible beyond the
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period of limitation and if done, then the same was hit by

jurisdiction error. It was also held that any petition filed against

mandate prescribed under Section 137 of the Act and Rule

106(2) of the Rules is fit to be thrown out at the inseption itself.

In view of the aforesaid judgment, any order passed by the

learned Court below in contravention of the same is also fit to

be set aside. The Court held that the petitioner thereby stand

restored to her position as the winning candidate in whose

favour the declaration was issued.

8. The aforesaid judgment was also reiterated in

the case of Kameshwar Singh Vs. Surya Narayan Rai and

Ors. reported in 2009 (4) PLJR 722 particularly in paragraph

nos. 10, 11, 12 & 14 and also in the case of Roji Kumari Vs.

Julekha Khatoon reported in 2009 (2) PLJR 614 particularly

paragraph nos. 5, 6, 7 & 9.

9. The impugned order/judgment passed by the

learned Munsif, Jamui in the present case setting aside the

election of the petitioner (returned candidate) and thereafter,

declaring the Respondent No. 1 (defeated candidate) as elected

is bad on the face of it and therefore, is fit to be set aside. The

election of the returned candidate cannot be set aside on the

ground of commission of corrupt practices under Section 139
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(1)(b) of the Bihar Panchayat Raj Act, 2006 in absence of any

pleading of corrupt practices in the entire election petition as has

been done in the concluding paragraphs of the impugned

judgment passed by the learned Munsif. It is settled law that no

petition can be allowed on an allegation of commission of

corrupt practices by the learned Court in absence of any such

pleading made in the entire election petition.

10. The corrupt practices have been enumerated

under Section 141 of the Bihar Panchayat Raj Act, 2006 which

includes (i) bribery (ii) undue influence (iii) religious or caste

appeal or appeal through national symbol and emblem

previously affeced the election (iv) attempt to promote enmity

and differences, classes and section on the ground of religious

and race (v) publication of any false statement (vi) hiring

vehicle for convenience of any voter (vii) holding meeting in

which intoxicating liquor has been served (viii) issuance of the

cricular / playcard, public poster about election without name

and address of the printer and publisher (ix) any other practices

which the government may be rule specified as corrupt

practices.

11. Learned counsel for the petitioner submits

that from perusal of the entire election petition which reveals
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that there was no pleading whatsoever on a reference to any

allegation of corrupt practices as mentioned of aforesaid

provision under Section 141. The only allegation is of non-

compliance and non-disclosure of the certain information as it

required in an affidavit filed along with the nomination paper

under Section 125 (a) of the Panchayat Raj Act. Apparently any

defect in an affidavit as referred to under Section 125 (a) is not

enumerated as a corrupt practice under Section 141 of the Act.

12. Learned counsel for the petitioner relied upon

the paragraph nos. 19, 20 & 21 of the judgment in the case of

Karim Uddin Bharbuiya Vs. Animul Haque Laskar reported

in AIR 2024 SC 2194 and held that any supression and

misrepresentation of fact in an affidavit filed along with the

nomination paper would not fall within the definition of corrupt

practices and the election petitioner is required to make a

consize material facts as to how the appellant has indulged into

corrupt practices or undue influence by directly or indirectly

interferring or attempt to interfere the free exercise of electoral

rights. Mere bold and vague allegation without any basis would

not be sufficient compliance of requirement of making a consize

pleadings. It is essential that specific pleadings are made to

support the allegation but in the present case admittedly there is
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no pleading at all indicating commission of corrupt practices.

Thus, the impugned judgment passed by the learned Munsif

setting aside the election of the petitioner under Section 139(1)

(b) of the Act on the ground of commission of corrupt practices

is bad in law.

13. Learned counsel for the petitioner submits

that in absence of pleading to the effect that the result of the

election of the returned candidate has been materially affected

due to any defeat or any non-disclosure of any affidavit filed

along with the nomination paper as required under Section

125(a) of the Act, 2006 no interference in the election result of

the returned candidate would be even otherwise made. He

further submits that from perusal of the Section 139(a)(d) of the

Act would show that the mandate to plead and to prove as to

how the result of the election insofar as it concerned a returned

candidate had been materially affected because of any improper

acceptance of nomination of the petitioner or on account of a

defeat in the affidavit filed along with the nomination paper

merely stating certain facts are not disclosed as required under

Section 125 of the Act and is not sufficient until and unless a

mandate as given in Clause D of the pleading are provided

whether the same materially affected the result of the candidate
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is not done.

14. Learned counsel for the petitioner submits

that it transpire from the election petition which reveals that

there was no pleading whatsoever was with respect to the said

requirement of law as to how the result of the election of the

returned candidate was materially affected. The aforesaid issue

has been addressed by the Apex Court in the case of Mangni

Lal Mandal Vs. Bishnu Deo Bhandari reported in AIR 2012

SC 1094 particularly paragraph nos. 9, 10 & 11 where the Court

has categorically stated that the absence of pleading as to how

the result is materially affected as required under Section 100(1)

(d)(iv) of the Representation of People Act, the election of the

returned candidate cannot be interfered. A similar allegation of

non-disclosure of any information in the affidavit filed along

with the nomination paper would not disclose a cause of action

until specific pleading as to how it affected the election is made.

The Munsif Court held that any such election petition deserves

to be dismissed at the very threshhold without consuming the

Court’s time and putting the returned candidate to unnecessary

trouble and inconvience. The same ratio has been reiterated and

affirmed by the Apex Court in the recent case of Karikho Kri

Vs. Nuney Tayang reported in AIR 2014 SC 2121 particularly
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in paragraph nos. 46, 47 & 50.

15. Mr. D.K. Sinha, learned senior counsel

appearing on behalf of the private respondent submits that the

order impugned passed by the learned Munsiff cum Election

Tribunal, Civil Court, Jamui in election case no. 7 of 2021 is

proper and according with the mandate of the Bihar Panchayat

Raj Act, 2006. Apart from that as per Section 125 A (1)

furnishing of certain information is essential for candidate and

as per rule 39 (F) no nomination paper shall be received by a

returning officer unless its accompanied by the certain

documents. And as per affidavit filed on behalf of the petitioner

dated 20.12.2021 along with nomination paper in which it is

shown that business of Pashupalan an annual income shows Rs.

1,20,000/- per year and not shown the income of agriculture

concealing the true fact and did not mentioned anywhere

regarding the criminal case under Section 379 of the Indian

Penal Code. Apart from that the private respondent had filed

objection before the returning officer on 30.10.2021 but the

same was not taking into consideration by the returning officer.

So far as limitation in filing the election petition is concerned, it

is not correct and issue no. 3 is with respect to limitation which

is clear that there is no limitation as election was held on
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24.11.2021, counting of votes was completed on 26.11.2021-

27.11.2021 and election petition was filed on 24.12.2021. As per

provision under Sections 137, 139 and 140 of the Bihar

Panchayat Raj Act, 2006 and rule 106 which provides 30 days

time to file election petition. Hence, the present election petition

is filed within the time. The issue with respect to inclusion of

candidates as party as required under Section 139 of the Act,

repetition of inclusion of parties by way of amendment was filed

under order 6 Rule 17 of CPC which was placed on 07.01.2022

and the same was accepted by the learned Court below likewise

amendment to declare the respondent as elected as per election

order dated 07.01.2022.

16. Learned counsel for the private respondent

has relied upon the judgment in the case of Reham Sah Vs.

Govind Singh passed in Civil Appeal No. 4628 of 2023 arising

out of SLP (C ) No. 27901 of 2015 which was decided by an

order dated 24.09.2024. As per the aforesaid judgment, period

from 15.03.2020 to 28.02.2022 has been excluded for the

purpose of limitation as may be prescribed under any general

and special law vide judgment dated 10.01.2022 passed in Misc.

Appeal No. 21 of 2022 and other analogous cases by the

Hon’ble Apex Court. In fact, in March, 2020 the Hon’ble Apex
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Court took sou moto cognizance of the difficulties that might be

faced by the litigants in filing petition. In particular, other quasi

proceedings within the period of limitation prescribed under the

general law or limitation under any special law due to the out

break of the COVID-19 pandemic. It is pertient to mention here

that despite valid service of notice, the petitioner did not appear

in the election petition and after appearance a cost of Rs. 4,000/-

was imposed upon the petitioner on 26.04.2022 and she has

filed her written statement on 13.05.2022. From perusal of the

written statement filed on behalf of the petitioner, no averment

has been made regarding joining of necessary party. The writ

petitioner in course of hearing before the learned Court below

submitted a list of 125 witnesses but examine only 2 witnesses

and surprisingly she herself was not examined nor her proposal

of nomination was examined and hence, the written statement

was not supported nor stated anything contrary to the plaint and

for the first time in writ jurisdiction, the writ petitioner has

raised the aforesaid objections which she has not placed before

the competent Civil Court. That in view of the aforesaid, no case

is made for interference of this Court because the writ petitioner

for the first time in writ petition has raised all the objections

which she may raised before the election in the election petition
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and in view of the aforesaid, the writ petition may be dismissed.

17. Mr. Ravi Ranjan, learned counsel for the

Election Commission submits that the private respondent has

filed the Election case no. 07 of 2021 challenging the election of

the petitioner. Later on, vide amendment in the said election

petition not only other contraty sitting candidates were added as

respondent but also amendment in the prayer was made

inasmuch as the election petition sought declaration in her

favour for declareing as returning candidate on the post of

Mukhiya. As far as stand of the answering commission is

concerned, it is stated that the State Election Commission is

vested with duty to conduct election for all seats of Panchayat

under which direct supervision, control and direction and sooner

the result of the election is announced the certificate is handed

over to returning candidate. The process of election gets over

and so does not prolong the commission as far as the said

election is concerned. He further submits that Section 140 of the

Bihar Panchayat Raj Act, 2006 lays down conditions under

which the candidate other than the returning candidate can be

declared elected. From perusal of the said section which clearly

manifest that there are only two contingencies wherein, an

another person can be declared as returned candidate, firstly,
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when it is established that such other candidate has actually

received the maximum number of valid votes and secondly,

when the returned candidate has got maximum votes by way of

corrup practices and it is in fact, other candidate who has

received maximum valid votes. Clearly in the present case, the

learned Election Tribunal has relied upon the second part of the

Section 140 wherein after giving a finding of commission of

corrupt practices, straight away in a very casual manner since

the election petitioner was runner up candidate and she has

been declared as returned candidate. It is required to be stated

that declaration of the candidate as returned candidate is based

upon the sole factor of that person receving maximum valid

votes and merely because a person’s election has been interfered

with on the ground of concealment of criminal cases whereby

making it the case of improper acceptance of nomination paper

will not make the valid votes received by such candidates

invalid or to say it otherwise. The valid votes received by a

candidate whose election has been set aside cannot be thrown

out on this ground. The case would be different if such person is

held to be not qualified or disqualified and on this ground alone

if election is set aside then the matter would have been different.

The declaration of the another candidate as returned candidate
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cannot be done casually but it can only be done by the tribunal

below as per stipulation of Section 140 of the Bihar Panchayat

Raj Act, 2006 wherein the Court has to give a special finding as

to how a person other than a returned candidate whose election

has been challenged has received maximum number of valid

votes and thus, he or she is required to be declared as returned

candidate. But in the present case the learned Election Tribunal

while setting aside the election of the returned candidate in a

very casual manner declared the runner up candidate as returned

candidate and the same was subject matter of the present writ

petition. The Division Bench of this Hon’ble Court has stayed

the declaration in favour of the another candidate on

consideration of requirement of Section 140 of the Bihar

Panchayat Raj Act, 2006 in LPA No. 966 of 2024 and the same

is still pending for adjudication before this Hon’ble Court. The

declaration in favour of another candidate required to be strictlyt

adjudicated as per the Section 140 of the Act and it cannot be

made in favour of a runner up candidate in routine manner

merely because of the election of returned candidate has been

set aside. In the present case, without there being an allegation

of corrupt practice or without there being any adjudication on

the aspect of corrupt practice a finding based on the same has
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been given and relief based on the same has been extended to

the election petitioner which is illegal and unjust in the eyes of

the law. In the present case the finding on corrupt practice has

been given when clearly neither it was pleaded in the election

petition nor issue was framed on same and merely based upon a

judgment of the Hon’ble Supreme Court finding of corrupt

practice has been given against the writ petitioner. Apart from

that there is another aspect of the matter at hand which clearly

states that post of Mukhiya was reserved for Scheduled Caste

Female category but the election petitioner belongs to the tati

tatva caste which was the scheduled caste by virtue of

notification dated 01.07.2015 by the State Government as

already been set aside by the Hon’ble Apex Court vide order

dated 15.07.2024 passed in SLP (C) No. 18802 of 2017 and in

also SLP (C) No. 18294 of 2017 passed by the Hon’ble Apex

Court. Thus, the election petitioner who belong to the tati tatva

caste is no more a Scheduled Caste category person and thus,

she is not qualified to hold the post of the Mukhiya.

18. Having heard learned counsel for the parties,

the preprositions laid down by this Court in the case of Neelam

Kumari Vs. State of Bihar & Ors. (supra) which was also

reiterated in the case of Kameshwar Singh Vs. Surya Narayan
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Rai & Ors. (supra) and other judgments as mentioned aforesaid

is fully applied to the present case.

19. Section 140 of the Bihar Panchayat Raj Act,

2006 lays down conditions under which the candidate other than

the returning candidate can be declared elected. From perusal of

the Section 140 of the Bihar Panchayat Raj Act, 2006 which

suggest that there are only two contingencies wherein, another

person can be declared as returned candidate, firstly when it is

established that such other candidate has actually received

maximum number of valid votes and secondly, when the

returned candidate has got maximum votes by way of corrupt

practices.

20. The Election Tribunal has come to the

conclusion on the basis of the second part of the Section 140 of

the Bihar Panchayat Raj Act, 2006 and interfere the election of

the returned candidate on the ground of concealment of criminal

cases. The valid votes received by the candidate whose election

has been set aside ignoring the mandate of the Section 141 of

the Bihar Panchayat Raj Act, 2006 and apart from the aforesaid,

the Election Tribunal without being any adjudication on the

aspect of corrupt practice, a finding based on the same and relief

based on the same has been given to the election petitioner
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which is illegal and unjust in the eye of the law.

21. This Court, therefore, holds that the Election

Case No. 7 of 2021 before the Court of learned Munsif, Jamui

was not in consonance with the statutory requirements of

Section 137 (2) of the Bihar Panchayat Raj Act, 2006. The

judgment dated 25.10.2024 passed in Election Case No. 7 of

2021 rendered by the learned Munsif, Jamui (Annexure -P/1) is

accordingly set aside and the present writ application stands

allowed.

22. However, in the facts and circumstances of

the case, there shall be no order as to costs.

(Rajesh Kumar Verma, J)
Vanisha/-

AFR/NAFR                NAFR
CAV DATE                03.03.2025
Uploading Date          26.06.2025
Transmission Date       NA
 



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