IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1043 of 2010 Khakhsana Begum alias Khakhsana, wife of Afsar Alam Abdal, resident of Village Rani, P.O. Dhanpatganj, P.S. Kochadhaman, District- Kishanganj --- Petitioner ---- Appellant. Versus 1. The Bihar State Election Commission through Chief Election Officer, Bihar, Patna. 2. The District Election Officer-cum-District Magistrate, Kishanganj. 3. The Block Development Officer-cum-Returning Officer, Kochadhaman, Kishanganj --- Respondent Ist Set --- Respondents. 4. Naseema Khatoon, wife of Abdul Hamid, resident of Village Moudah, P.S. Kochadhaman, District- Kishanganj -- Appellant--- Respondent 2nd Set --- Respondent. 5. Ajmera Khatoon (Sah), wife of Nasim Sah, resident of Village Kadibhasa, P.S. Kochadhaman, District- Kishanganj. 6. Abeda (Dafali), wife of Hasibur Rahman, resident of Village Moudah, P.S. Kochadhaman, District-Kishanganj. 7. Gyanbati wife of Surenlal Mandal, resident of Village Moudah, P.S. Kochadhaman, District- Kishanganj. 8. Gulchera, wife of Kaisar Sah, resident of Village Moudah, P.S. Kochadhaman, District- Kishanganj 9. Naseha Begum, wife of Ayub Sah, resident of Village Hadibhasa P.S. Kochadhaman, District- Kishanganj. 10. Bibi Gulkan, wife of Md. Abid Shah, resident of Village Handibhasa, P.S. Kochadhaman, District- Kishanganj. 11. Lalita Devi, wife of Dharambir Mandal, resident of Village- Moudah, P.S. Kochadhaman, District- Kishanganj. 12. Sayera Khatoon, wife of Idris Sah, resident of Village Moudh, P.S. Kochadhaman, District-Kishanganj. 13. Husna Ara, wife of Shakil Ahmad, resident of Village- Moudh, P.S. Kochadhaman, District- Kishanganj ------ Respondents. ------------ 2. 14.3.2011 Heard Mr. Bijendra Kumar Singh for the appellant, and Mr. Maruth Nath Roy, learned Assistant 2 Counsel to Standing Counsel No.15. The appellant has challenged the order dated 28.4.2010, passed in C.W.J.C. No. 18071 of 2009, whereby the learned Single Judge of this Court has dismissed the writ petition filed against the judgment of Election Tribunal, Kishanganj in E.P. No. 13 of 2006 dated 30.10.2009. The appellant challenged the order of Election Tribunal on two grounds. According to him, the Election Tribunal did not consider that respondent was elected on the basis of the wrong caste certificate produced before the Tribunal that she belonged to backward class. Secondly, the judgment was passed ex parte. The learned Single Judge observed that the Election Tribunal did not commit any illegality in dismissing the election petition of the appellant. The claim of the appellant was based on Section 136 (2), which has been substituted by Amendment Act 10 of 2009, which provision was not in existence in 2006, when election petition was filed. We have heard the learned counsel for the parties and perused the materials on record. One of the two grounds of challenge is that Election Tribunal decided the matter ex- 3 parte and without hearing the appellant. We find from the order of the learned Single Judge that the Tribunal took full precaution so much so that even after refusal of notice by the appellant, the tribunal did not proceed in the matter till steps for substituted service were taken. Notice was duly published in local newspaper having wide circulation in locality. Thus we are of the view that the appellant is herself to be blamed for not appearing before the Tribunal. The Tribunal took all steps for giving sufficient notice to appellant to appear. The second ground is based on provisions of Section 136 (2), which would not be available to appellant as the same was incorporated in 2009, whereas cause of action arose in 2006. The reliance placed by appellant in the case of Ram Naresh Azad Vrs. The State of Bihar and others, 2010(1) P.L.J.R. 608 would not be applicable in the facts of the case. Thus we find that there is no infirmity in the order of the learned Single Judge. As such both this appeal as well as the writ petition stands dismissed. Vinay/ ( S. K. Katriar,J. ) ( S. P. Singh, J.) 4