IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.2 of 2013 In Civil Writ Jurisdiction Case No. 1324 of 2012 ====================================================== Shagufta Tararannum W/O Md. Parwez R/O Village- Sahebpur Kamal (West), Police Station & P.O.- Sahebpur Kamal, District- Begusarai .... .... Petitioner - Appellant Versus 1. The State of Bihar through Its State Election Commission 2. The State Election Commissioner, Bihar, Patna 3. The Deputy Secretary, State Election Commission, Bihar, Patna 4. The District Magistrate, Begusarai 5. The Block Development Officer, Sahebpur Kamal, District- Begusarai 6. Neelam Devi W/O Anil Kumar R/O Village- Sahebpur Kamal (West), P.S. - Sahebpur Kamal, District- Begusarai 7. Zeenat Parveen W/O Md. Monimuddin R/O Village- Sahebpur Kamal (West), P.S.- Sahebpur Kamal, District- Begusarai .... .... Respondents - Respondents. ====================================================== Appearance: For the Appellant/s : Mr. Anamul Haque, Advocate. For the Respondent/s : Mr. Amit Shrivastava and Mr. Girish Pandey, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 17-06-2013 Feeling aggrieved by the order dated 24th September
2012 made by the learned single Judge in CWJC No. 1324 of
2012, the writ petitioner has preferred this Appeal under Clause 10
of the Letters Patent.
The appellant is an elected Mukhiya of Gram
Panchayat – Sahebpur Kamal (West), District – Begusarai. Her
Patna High Court LPA No.2 of 2013 (2) dt.17-06-2013
election has been questioned on the ground that on the date of her
nomination she being less than 21 years of age, she was not
qualified to contest the election. The State Election Commission,
Bihar has, on 2nd December 2011, issued notice upon the appellant
to show cause why she should not be disqualified as envisaged by
Section 136(1)(b) and 136(2) of the Bihar Panchayat Raj Act,
2006. The challenge to the said notice in CWJC No. 1324 of 2012
has failed. Therefore, this Appeal.
The learned single Judge has refused to entertain the
Writ Petition against the show cause notice. No case for
interference is made out.
Appeal is dismissed in limine.
(R.M. Doshit, CJ)
(Ashwani Kumar Singh, J)