IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12311 of 2010 ROZA KHATOON W/O SHEIKH WASIR VILL.- BIRNAGAR, TOLA TAPRA, P.S.- BHARGAMA, DISTT.- ARARIA ……………….PETITIONER. Versus 1. THE STATE OF BIHAR 2. STATE ELECTION COMMISSIONER, BIHAR, PATNA 3. DISTRICT MAGISTRATE, ARAREA 4. DISTRICT PANCHAYAT RAJ OFFICER, ARARIA 5. SUB-DIVISIONAL OFFICER, FORBISGANJ, DISTT.- ARARIA 6. BLOCK DEVELOPMENT OFFICER, BHARGAMA, P.S. DISTT.- ARARIA 7. ANCHAL ADHIKARI, BHARGAMA, ARARIA 8. REHINA KHATOON W/O IRFAN NOORI R/O BAIZU PATTI, P.S. BHARGAMA, DISTT.- ARARIA 9. PANCHAYAT SECRETARY, BIRNAGAR, EAST, GRAM PANCHAYAT BLOCK BHARGAMA, DISTT.- ARARIA …………………RESPONDENTS. For the petitioner : Mr. Y. C. Verma (Sr. Advocate) For Pvt. Respondent No. 8 : Mr. Tara Nath Jha (Advocate) For State Election Commission : Mr. R. S. Pradhan (Sr, Advocate) Mr. Sanjeev Nikesh (Advocate) For the State : Mr. R. K. Sinha (A.C. to S.C.-8) ----------- 3 17-08-2010 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the State Election Commission and learned counsel for contesting respondent no. 8. 2. This writ petition has been filed by the petitioner challenging order dated 17-2-2010 (Annexure- 10) by which the State Election Commission Bihar, Patna (Respondent No. 2) decided Case No. 2 of 2010 against the petitioner disqualifying him from holding the office of Mukhia of Birnagar East Gram Panchayat in the District of Araria and for other ancillary reasons. 2 3. From the facts and circumstances of this case as well as from the arguments of learned counsel of the parties it is apparent that in the year 2006 election for the post of Mukhia, Birnagar Gram Panchayat (Araria) was held in which the petitioner succeeded and respondent No. 8 secured the second highest vote and accordingly the petitioner was appointed as Mukhia of the said Gram Panchayat. The said election has been challenged by respondent no. 8 vide Election Petition No. 18 of 2006 which is pending before the Election Tribunal-cum-Munsif Araria. 4. It transpires that the petitioner was elected on the basis of a claim that she belonged to the Extreme O.B.C. category of “Shaikhra” caste which was certified by Anchal Adhikari, Bhargama, Araria (Respondent No. 7) who was the competent authority to grant caste certificate. However, during the pendency of the aforesaid Election Petition, the caste certificate of the petitioner was challenged and an inquiry was held by the said Anchal Adhikari in which opportunity of hearing was also granted to the petitioner, where after it was found that the petitioner belonged to “Sheikh” community which is a forward caste and hence her earlier caste certificate was cancelled by the Anchal Adhikari. 5. Against the said order the petitioner had a right of appeal before the Collector of the district in terms of the Boards Miscellaneous Rules and on being dissatisfied with the order of the Collector, he could have moved the Divisional Commissioner and then the Board of Revenue, but the petitioner did not challenge the said order of the Anchal Adhikari dated 8-6-2009 by which has earlier caste certificate was cancelled. In the 3 said circumstances, the order of the Anchal Adhikari was brought to the notice of the State Election Commission in case no. 2 of 2010, where-after the impugned order was passed after considering all the materials on record produced by the persons concerned. 6. It may be noted that the order of Anchal Adhikari dated 8-6-2009 was challenged by the petitioner in C.W.J.C. No. 7414 of 2009 but the said writ petition was dismissed by another Bench of this Court vide order dated 8-4-2010 holding that the questions raised by the parties could be resolved by the authorities mentioned above as per the terms of the Boards Miscellaneous Rules. It transpires that neither the impugned order of the State Election Commission dated 17-2-2010 was brought on record nor was challenged in the said writ petition. 7. In the aforesaid facts and circumstances, this Court does not find any merit in this writ petition which is accordingly dismissed. However, the Election Tribunal-cum-Munsif Araria, who is considering Election Petition No. 18 of 2006 shall decide the said case on its own merits in accordance with law without being affected by this order and will decide the said case as per the direction given by this Court vide order dated 15-7-2010 passed in C.W.J.C. No. 9744 of 2010. S.P. (S. N. Hussain, J.)