S. Chandrashekhar, J. - (1.) Seeking issuance of Writ of Quo Warranto to respondent No. 2 who was elected as Member of the State Legislative Assembly from 76 -Daltonganj Assembly Constituency, the present writ petition has been filed. The petitioner claiming himself public spirited person and a social worker came to know about Election Petition No. 11 of 2015 filed by one Krishna Nand Tripathi. The petitioner obtained photocopy of the said election petition. The documents annexed with the said election petition disclose that the respondent No. 2 was not eligible in terms of Article 173 of the Constitution of India. At the time of filing nomination for 2014 Assembly Election, the respondent No. 2 was below 25 years. The certificates and undertaking of respondent No. 2 annexed along with the Election Petition No. 11 of 2015 would disclose the date of birth of the respondent No. 2 as 15.2.1995. Alleging fraud committed by respondent No. 2, the petitioner seeks Writ of Quo Warranto to respondent No. 2.
(2.) Heard the learned counsel for the parties.
(3.) The learned counsel for the petitioner submits that the certificate of Jharkhand Academic Council, Ranchi which conducted Annual Secondary Examination -2010 is a conclusive proof of the age of the candidate i.e. respondent No. 2. The said certificate would disclose that as on 5.11.2014, the respondent No. 2 had not attained the age of 25 years and thus, he was not eligible to contest 2014 Assembly Election. It is further submitted that mere pendency of election petition filed by an unsuccessful candidate would not bar the writ petition. A candidate who is not eligible in terms of Article 173 of the Constitution of India cannot be permitted to hold a public office and therefore, Writ of Quo Warranto may be issued to the respondent No. 2.;