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Patna High Court
Hon'ble Judge(s): Rajesh Kumar Verma , J
D.O.D : 26/06/2025
Petition Allowed
Bihar Panchayat Raj Act (6 of 2006) , S.140— Declaring candidate other than returned candidate as elected - Legality - Post of Mukhiya of Gram Panchayat - Election of returned candidate was set aside on ground that he got maximum votes by way of corrupt practices - However, without there being any allegation of corrupt practice and without adjudicating on aspect of corrupt practice, Election Tribunal rendered finding based on same which was illegal and unjust in eyes of law - That apart, post was reserved for Scheduled Caste Female category but opposite party belonged to tati tatva caste which was not a scheduled caste - Therefore, order declaring opposite party as Mukhiya was invalid.
AIR 2008 PAT 165-Relied onAIROnline 2008 PAT 20-Relied on(Paras172021)