IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12154 of 2011 Kadmi Devi Wife Of Pradeep Paswan Resident Of Village-Bhandra Ps-Barhat,Block Barhat District-Jamui. Versus 1. The State Election Commission (Panchayat) Patna Through Its Secretary Having Its Office At Sone Bhawan Birchand Patel Path Patna. 2. The State Election Commissioner (Panchayat) Bihar Patna 3. The Secretary,State Election Commission Bihar Patna. 4. The District Magistrate-Cum-District Election Officer Jamui 5. The B.D.O. Cum Returning Office Barhat Block District-Jamui. 6. Sulekh Devi Wife Of Sanjeev Paswan Resident Of Village- Rajghat,Po-Khadigram.Block Ps-Barhat,District-Jamui.Mukhiya Gram Panchayat Raj Lakhan Block&Ps-Barhat,District-Jamui. ---------------------------------- 2 11.11.2011. Heard the petitioner and the Commission. The petitiohner prays to direct the respondents to remove respondent no.6 from the post of Mukhia of Gram Panchayat Raj, Lakhai, under Block Barhat, Dist Jamui on the ground that she was not qualified to contest the election under section 136 of the Bihar Panchayat Raj Act and under Rule 389 of the Bihar Panchayat Election Rules, 2006. She was under 21 years of age on the day of filing nomination. Learned counsel for the State Election Commission submits that it is the State Election Commission to examine the aforesaid question as provided under section 136(1)(Kha) of the Panchayat Raj Act. In view of the above, the petitioner may file a fresh representation before the State Election Commission, who would examine the issue after giving due hearing to the parties. In case, the allegation levelled by the petitioner is found to be 2 vexatious, it would be open for the State Election Commission to impose appropriate cost. The writ petition is thus disposed of. Shashi. (Samarendra Pratap Singh,J).