IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.285 of 2007 TEJ NARAIN YADAV Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. Pramod Mishra For the respondents : None --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 18th September, 2008 Section 136 of Bihar Panchayat Raj Act, 2006, provides for disqualification of the membership in the Panchayat Raj Institutions. Inter alia, a person having been sentenced for a term exceeding six months by a criminal court is disqualified for election to the post of Mukhiya of a Gram Panchayat. 2. That the appellant has suffered life imprisonment for an offence under section 302 of the Indian Penal Code prior to filing his nomination is not in dispute. Even if we assume, as is contended by the counsel for the appellant, that the appellant had disclosed this fact on an affidavit while filing the nomination, it is apparent that he had already incurred disqualification in contesting the election and he could not have filed any nomination. 3. Any mistake on the part of the returning officer in accepting the appellant’s nomination would not wipe out the 2 disqualification incurred by him under section 136 of the Act, 2006. 4. In this backdrop, consideration of the matter by the single judge cannot be faulted. 5. Letters patent appeal is dismissed in limine R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/