UJJWAL KUMAR Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The petitioner has questioned the order dated 22.8.2014 passed by the State Election Commission, Bihar, Patna in Case No. 33 of 2012 whereby he has been held disqualified to hold the post of Mukhiya, Gram Panchayat Raj Rambhadrapur in the district of Darbhanga under the provisions of Section 136(1)(c), (d), (i) and Section 136(2) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as "the Act") and the rules framed thereunder.

(2.) With the consent of the parties the writ petition has been heard and is being disposed of at stage of admission.

(3.) Facts of the case briefly stated is that the petitioner filed his nomination to contest the post of Mukhiya Gram Panchayat Raj Rambhadrapur on 12.3.2011. The election was held on 30.4.2011 in which the petitioner succeeded. The oath of Mukhiya was administered to the petitioner on 26.5.2011. Seven months thereafter the respondent no. 11 filed a complaint before the State Election Commission, a copy of which is placed at Annexure-2 series which complaint was filed on 30.1.2012. According to the complainant-private respondent, the petitioner was disqualified for contesting the election inasmuch as he continued to be in the services of the Maharaja Rameshwar Singh Mithila Mahavidalaya, Anandpur (Sahora), District-Darbhanga. In support of the allegations, the complainant enclosed an information received by him on 14.1.2012 from the Public Information Officer-cum-District Education Officer which showed the petitioner to be in services of the college since 5.2.2003. The petitioner contested the complaint before the State Election Commission and in which he produced an order bearing letter no. 7 of 2009 dated 17.7.2009 issued by the Secretary of the college whereby the service of the petitioner stood terminated on account of his continued absence since the date of his appointment. It was the stand of the petitioner that although he was appointed in the college on 5.2.2003 but he never attended the college thereafter nor did he draw any financial benefits and it is in this background that his services were finally terminated on 17.7.2009, which order was never questioned by him before any forum.