IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6664 of 2011 MALTI DEVI . Versus THE STATE OF BIHAR & ORS . For the Petitioner:- Mr. Ramakant Sharma, Sr. Advocate, Mr. Rajesh Kumar, Advocate & Mr. Arbind Kumar, Advocate For the Election Commission:- Mr. R.S. Pradhan, Sr. Advocate For the State:- Mr. P.N. Sahi, A.A.G.-14 ----------- 02. 19.04.2011 Heard learned counsel for the petitioner and for the State Election Commission. The petitioner is aggrieved by the two orders both dated 10.3.2001 cancelling her Caste Certificate as Sinduria Bania, a Backward Caste in Schedule-1 of the Presidential notification and the consequent rejection of her nomination on the same ground. Learned counsel for the petitioner submits that her husband belonged to Kathwania Caste, which is not a Backward Caste in Schedule-1. On that basis the authorities have ex-parte concluded that the Caste Certificate of Sinduria Bania issued to the petitioner was wrong. That the order cancelling the Caste Certificate was completely in violation of the principles of natural justice stands admitted by the District Magistrate-cum-District Electorate Officer in his Letter dated 1.4.2011 communicated to the Commission. It is next submitted that the Commission has 2 itself issued instructions that the Caste of a candidate is to be determined on the basis of her father’s Caste and not that of her husband. The cancellation of the Sinduria Caste Certificate derived through her father was therefore also contrary to the guidelines of the Commission. Since the cancellation of the Caste Certificate has been held to be in violation of the principles of natural justice, it is not sustainable. The order canceling the Caste Certificate is therefore set aside. It appears that the Commission is already seized of the matter. There exists instructions of the Commission for the manner in which the Caste of the candidate is to be determined, not disputed on behalf of the Commission. This application is disposed with directions to the Commission to take an expeditious decision on the nomination of the petitioner in light of its own guidelines expeditiously so that the petitioner is not non-suited or denied the right to contest merely by reason of delay in decision making by the Commission in view of the election scheduled on 30th of April, 2011. The writ application stands disposed with the aforesaid observation. P.K ( Navin Sinha, J.)