THE STATE ELECTION COMMISSION BIHAR AND ORS. Vs. MANAGER PRASAD
LAWS(PAT)-2014-9-102
HIGH COURT OF PATNA
Decided on September 23,2014

The State Election Commission Bihar And Ors. Appellant
VERSUS
Manager Prasad Respondents

JUDGEMENT

- (1.) The two appeals, presented before us, seek to challenge the order, dated 13.12.2013, passed in CWJC No. 17493 of 2013, whereunder a learned single Judge of this Court has set aside the order, dated 02.08.2013, passed by the State Election Commissioner, Bihar, disqualifying the writ petitioner on the ground that on the date of filing his nomination, he was in default of payment of tax in respect of Holding No. 177 of Rafiganj Nagar Panchayat. The learned single Judge has further held that the Commissioner's power is limited to adjudicating a dispute summarily and he has no jurisdiction to direct lodging of a First Information Report and the Commissioner has, thus, exceeded its jurisdiction, while making the order, dated 02.08.2014, aforementioned.
(2.) Being aggrieved by the findings of the learned single Judge that the State Election Commissioner, Bihar, has the limited jurisdiction to adjudicate dispute, which can be dealt with and disposed of, summarily and that it has no authority to direct lodging of a First Information Report, the State Election Commission, Bihar, has preferred appeal, which has given rise to L.P.A. No. 443 of 2014.
(3.) Similarly, Ravindra Prasad (i.e. respondent No. 10 in the writ petition), being aggrieved by the decision of the learned single Judge allowing the writ application in favour of the writ petitioner and setting aside, thereafter, the order, dated 02.08.2014, passed by the State Election Commissioner, Bihar, has also preferred an appeal, which has come to be registered as L.P.A. No. 119 of 2014.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.