IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8992 of 2009 ***** Subodh Kumar Son of late Hari Lal Mandal, Resident of Mohalla-Kandu Tola, Pachana Road, P.S.-Lakhisarai, District-Lakhisarai. …. …. Petitioner Versus 1. The State of Bihar. 2. The State Election Commission through the State Election Commissioner, Bihar. 3. The State Election Commissioner, State Election Commission, Bihar, Sone Bhawan, Bir Chand Patel Path, Patna. 4. The Secretary, State Election Commission, Bihar, Sone Bhawan, Bir Chand Patel Path, Patna. 5. The District Magistrate, Lakhisarai. 6. The District Statistical Officer, Lakhisarai. 7. The Executive Officer, Nagar Parishad, Lakhisarai. 8. The Chairman, Nagar Parishad, Lakhisarai. …. …. Respondents ----------- For the petitioner : Mr. Ambika Bhagat, Advocate For the Election Commission:Mr. Sanjeev Nikesh, Advocate For the State : Mr. Ajit Kumar, Assistant Counsel to G.P.-XX ----------- 2. 31.7.2009. Heard counsel for the parties. Challenge is to an order dated 5.1.2009 and 19.1.2009 which has been passed by the State Election Commission in Case No.47/08 in exercise of power under Section 18(1) of the Bihar Municipal Act, 2007. Submission of learned counsel for the petitioner is that since he was in judicial custody he had given information to the Chairman about the same and his inability to participate in the meetings but the above fact has not been taken into consideration in disqualifying the present petitioner from holding the post of a Ward Councilor. After having heard learned counsel for the State Election Commission as well as learned counsel for the State and the law being what they are the petitioner ought to have obtained exemption from - 2 - attending the meetings prior to holding of the meeting of the ward councilors, mere information on this issue is not good enough. Law being what it is as decided in the case of Akhilesh Kumar Singh v. State of Bihar, vide order dated 18.12.2008 passed in C.W.J.C. No. 16055 of 2008, the disqualification of the petitioner is in order and the impugned order does not require any interference. The writ application is dismissed. Pawan/- (Ajay Kumar Tripathi, J.)