IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12424 of 2008 Smt.Urmila Devi w/o Gaurishankar Lal r/o Mohalla – Rauza, P.O. Ara Chowk, P.S. Ara, Ward no.28, Municipal Corporation, Ara, District - Bhojpur Versus 1. The State Of Bihar through the Commissioner cum Secretary, Urban Development Department, New Secretariat Building, Patna 2. The State Election Commission through its Commissioner, Sone Bhawan, 3rd Floor, Birchand Patel Marge, Patna 3. The Deputy Secretary, State Election Commission, Sone Bhawan, 3rd Floor, Patna 4. The District Magistrate-cum-District Election Officer, Bhojpur, Ara 5. The Deputy Development Commissioner, Bhojpur, Ara 6. Mithilesh Kumar Singh s/o late Radha PrasadSingh, r/o Mohalla – Rauza, P.O. Ara Chowk, Ward no.28, Municipal Corporation, Ara, Bhojpur. ----------- For the petitioner: Mr. Chandrasekhar, Sr. Advocate Mr. Pankaj Kumar Sinha, Advocate For the State: Mr. Lalit Kishore, AAG III Mr. Satyabir Bharti, AC to AAG III For the State Election Commission: Mr.Ram Shankar Pradhan, Sr. Advocate Mr. Rajeev Lochan, Advocate For the Pvt. Respondent: Mr. S.N.P. Sharma, Sr. Advocate Mr. Uday Kumar, Advocate --- 9 10/5/2010 Mr. Chandrasekhar, learned senior counsel appearing for the petitioner, fairly stated that though he has assailed the constitutional validity of section 18(2) of the Bihar Municipal Act, 2007 (for short, the Act’), he does not intend to press the said assail. He submitted that the Election Commission can only proceed against the 2 petitioner keeping in view the disqualification enumerated under section 18(1) of the Act. It is well settled in law that every forum has the authority to deal with its own jurisdiction, Needless to emphasise, there is distinction between adjudication in respect of jurisdiction and facts relating to realm of adjudicatory facts. Thus, there is no scintilla of doubt that the Election Commission can take note of the stand and stance put forth by the petitioner that the disqualification, if any, is not covered within the ambit and scope of section 18(1) of the Act. We have been apprised at the Bar that the Election Commission has not yet issued notice to the petitioner. In view of abandonment of assail to the constitutional validity of Section 18(2), it is open to the petitioner to put forth her stand and stance and all requisite propounments as conceived by her before the Election Commission when it proceeds against her under section 18(2) of the Act. Needless to emphasise, till an order is passed by the Election Commission, the petitioner shall continue to hold her post as there is no order removing her from the 3 post. With the aforesaid observation and directions, the writ petition stands disposed of. Neyaz/ ( Dipak Misra, CJ.) (Mihir Kumar Jha, J.)