IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13193 of 2011 Birendra Kumar Singh, S/O Late Chandra Singh, R/O Village- Narotampur under Srikishun Gram Panchayat, P.S. Kajra, District- Lakhisarai. . . . . . Petitioner. Versus 1. The State of Bihar through the Secretary, Panchayat Raj, Govt. of Bihar, Patna. 2. The Chief Election Commissioner, Bihar, Sone Bhawan, Beerchand Patel Path, Patna. 3. The District Magistrate, Lakhisarai, District- Lakhisarai. 4. The Sub-Divisional Officer - Cum - Election Officer, Lakhisarai, District- Lakhisarai. 5. Sri Shyam Sunder Pandey, S/O Damodar Pandey, Elected Mukhiya of Srikishun Gram Panchayat Raj No. 25, R/O Village- Narotampur Bikrampur, P.S. Kajra, Distt. Lakhisarai. . . . . Respondents. For the Petitioner : Mr. Awadhesh Kumar Singh, Advocate. For the Commission : Mr. Sanjeev Nikesh, Advocate. ---------------------------------- 2/ 11.11.2011 Heard learned counsel for the petitioner and the State Election Commission. In the instant writ application, the petitioner prays for setting aside the election of respondent no.5, who has been elected as Mukhia of Srikshun Panchayat Raj No.25, on the ground of suppressing material facts regarding income in affidavit appended to nomination paper. The petitioner submits that a person aspiring to stand as a candidate for the post of Mukhia must furnish essential and correct informations. The petitioner submits that he has already made a complaint to State Election Commission. Counsel for the State Election Commission submits that in case a candidate makes false declaration in respect of matter covered under Section 125-A, he would be liable to penalty under Section 125-A (3) of the Bihar Panchayat Raj Act, 2006. The State Election Commission can only examine the 2 question of qualifications under Section 135(1) and those of disqualifications under 136(1). Admittedly the allegations made by the petitioner against respondent no.6 would neither come within the purview under Section 135 (1) nor Section 136(1). The remedy in the circumstances is by way of Election Petition under Section 137 of the Bihar Panchayat Raj Act, 2006. The petitioner ought to have filed an Election Petition in this regard. As regards the allegations that respondent no.6 suppressed material facts while filing his nomination, the petitioner can make complain before appropriate authority. I have not expressed any opinion whether the allegations levelled by the petitioner is correct or not. Uday/ (Samarendra Pratap Singh, J.)