IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6122 of 2011 SEPHALI BALA MANDAL . Versus STATE ELECTION COMMISSION, BIHAR & ORS For the Petitioner:- Mr. Ram Shankar Das, Advocate For the State Election Commission:- Mr. R.S. Pradhan, Sr. Advocate & Mr. Sanjeev Nikesh, Advocate For the State:- Mr. Ashok Kumar Keshari, A.A.G.-XI & Mr. Ujjwal Kumar Sinha, A.C. to AAG-XI ----------- 02. 15.04.2011 Heard learned counsel for the petitioner, for the State and for the State Election Commission. It is submitted that the petitioner holds a valid Caste certificate issued by the Block Development Officer on 31.12.2010, that he was a Kisan (Mandal) which was a Scheduled Tribe under the Scheduled Tribe Caste Modification Order 1956. The District Welfare Officer had certified to that effect also on 11.1.1969 earlier. This Caste certificate remains valid till date and has not been cancelled. The petitioner filed his nomination to contest election for the post of Mukhiya under Durgapur Panchayat against the reserved seat for Scheduled Tribe candidate. His nomination has wrongly been rejected on the ground that he did not qualify for the status of Scheduled Tribe as aforesaid. The submission is that so long as a Caste certificate remains valid, the Returning Officer had no option but to accept the nomination, if the nomination was otherwise in accordance with law. 2 Learned counsel for the State and the Commission have jointly submitted that even, if the Caste certificate was valid, the nomination may have been rejected for other reasons. It was next submitted that it is not known on what basis and for what reasons the Returning Officer has held that the Caste status of the petitioner as claimed through the aforesaid certificate was not acceptable. These may be matters for further enquiry and in any event, if the nomination has wrongly been rejected, the appropriate remedy for the petitioner lies in an election petition only. If the petitioner has been issued a Caste certificate by the Block Development Officer and it is stated to be valid, let the District Magistrate, hold a preliminary enquiry into this aspect of the matter more particularly if the Scheduled Tribe status claimed by the petitioner finds mention in the Presidential notification. If it does, and the Caste certificate has not been cancelled, but the nomination has been rejected only on the aforesaid ground, on such a finding being arrived at by the District Magistrate, the petitioner shall be at liberty to avail such remedies against the Officer rejecting his nomination, as he may be advised in law. If the District Magistrate arrives at the conclusion that the rejection by the Returning Officer was 3 for other reasons, the remedy of the petitioner shall lie before the election Tribunal only. Let the District Magistrate pass appropriate reasoned and speaking order within a maximum period of one month from the date of declaration of result of the Panchayat Election. The writ application stands disposed. P.K ( Navin Sinha, J.)