- (1.) This Letters Patent Appeal has been preferred by the original petitioner in W.P.(C) No. 3106 of 2014 which has been dismissed by the learned Single Judge vide order dated 01.09.2014, and, therefore, the original petitioner has preferred this Letters Patent Appeal.
(2.) With consent of counsel for both the sides, this matter is taken up for its final hearing.
(3.) Learned counsel appearing for the appellant submitted that this appellant has been wrongly declared as disqualified to contest the election of Municipality at Medininagar, District Palamu. She is the ordinary resident of Ward No. 26 and wrongly respondents have declared this appellant as ordinary resident of Ward No. 25 and have wrongly arrived at conclusions that this appellant has impersonated herself as Kiran Kumari. This aspect of the matter has not been properly appreciated by the learned Single Judge. It is further submitted by the counsel for the appellant that when this appellant filled up the form, which was scrutinized by the respondents for contesting the election of Ward No. 26, nothing objectionable was found out and when she won the election of ward No. 26, every objections have been raised by the dissatisfied soul and the respondents have accepted the complaints of these dissatisfied soul and have declared the elected appellant as disqualified. This aspect of the matter has not been properly appreciated by the learned single judge and hence the order passed by the learned single judge dated 01.09.2014 in W.P.(C) No. 3106 of 2014 deserves to be quashed and set aside. It is further submitted by the counsel for the appellant that now the election of ward No. 26 at Medininagar, District Palamu, has been canceled and new election is going to be held and 2nd of May of this month which is last date of nomination, and, therefore let this matter be heard and decided as on today.;