IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15102 of 2007 ANIL KUMAR DAS Versus THE STATE OF BIHAR & ORS ----------- 3. 19.05.2008 Heard learned counsel for the petitioner, for the State and for the State Election Commission. No one has appeared on behalf of Respondent no. 6, despite having entered appearance. The prayer in the writ application is for appropriate action against Respondent no. 6 for having given a false declaration affidavit in the Panchayat Election in pursuance of which he has been elected to the post of Mukhia. The petitioner is stated to have filed a representation in this regard before the State Election Commission which has ordered the District Election Officer-cum-District Returning Officer (Panchayat), Purnea to examine the matter and to file an appropriate proceeding against him. Since the matter relates to the eligibility of Respondent no. 6 to contest the election on basis of a false affidavit, the Commission already being seised of the matter, writ application is disposed with a direction to the State Election Commission to take a final decision to the eligibility of Respondent no. 6 after hearing the petitioner and Respondent no. 6 within a maximum period of two months from the date of receipt and/or production of a copy of this order. Since Respondent no. 6 has chosen not to be present at the hearing of this application, despite having entered appearance, the Court considers it proper to direct that the State Election Commission - 2 - shall be at liberty to proceed against Respondent no. 6 ex parte also, after recording its reasons in respect thereof with regard to service of notice, and proceed ex parte, if Respondent no. 6 does not appear before him. The writ application stands disposed with the aforesaid directions. AKS/ (Navin Sinha, J.)