ANIL KUMAR SINGH ALIA ANIL SINGH Vs. HIGH COURT OF JUDICATURE AT PATNA
LAWS(SC)-2020-10-63
SUPREME COURT OF INDIA
Decided on October 09,2020

Anil Kumar Singh Alia Anil Singh Appellant
VERSUS
HIGH COURT OF JUDICATURE AT PATNA Respondents

JUDGEMENT

- (1.)The writ petition has been filed under Article 32 of the Constitution of India seeking directions for the anticipatory bail application of the petitioners to be heard by the Patna High Court which is stated to be still pending.
(2.)We put to learned counsel that it is not possible to issue such directions but if the learned counsel for the petitioners seeks to address us on the anticipatory bail, he may do so. Learned thereafter proceeded to address us on the plea anticipatory bail.
(3.)We have examined the matter on merits. The dispute emanates from the disclosure of false information by the petitioner in his nomination papers submitted for General Nagar Palika elections, 2007 and those allegations were found by the State Election Commission to be correct and thus, violation of provision under Sec. 447 of the Bihar Nagar Palika Act, 2007 was found. The SEC in exercise of power as enunciated under Sec. 18(2) of the Act declared the elections void. Action was directed to be taken against the petitioners and in pursuance to the same, FIR was lodged against them under Sec. 447 of the said Act read with Sec. 420/34, IPC.
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