IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9729 of 2006 YOG NARAYAN MANDAL Versus THE STATE OF BIHAR & ORS ----------- 6 02.07.2008 Based on the information furnished by the petitioner that the elected representative (Mukhiya) had suppressed certain vital facts at the time of filing of his nomination, an enquiry has been conducted. From the enquiry it does emerge that the petitioner is an accused in a Criminal Case and the above fact was suppressed by him. Prosecution under Sections 177 & 181 of the I.P.C. has been ordered or initiated. But this does not satisfy the petitioner. Petitioner now wants removal of the elected Mukhiya on the ground that his conduct falls under the category of corrupt practice. There is no weight to the contention of the learned counsel for the petitioner because such allegation can only be made in an election petition and based on the evidence it may be the ground for disqualification. The State Election Commissioner does not have any power in this regard to remove the respondent on the above ground. - 2 - In view of the above facts, the present writ application is dismissed. The petitioner should have taken steps after the declaration of the result by filing an Election Petition. The writ application is dismissed. Mkr. (Ajay Kumar Tripathi, J.)