IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20275 of 2011 Rahima Khatoon, wife of Md. Sahim and daughter of Kamruddin Mian, Resident of Village- Belgachhi, P.O. Meriganj, P.S. Raniganj, District- Araria. . . . . . . Petitioner. Versus 1. The State Election Commission (Panchayat) through the State Election Commissioner, Sone Bhawan, Birchand Patel Path, Patna. 2. The State Election Commissioner, the State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna. 3. The Secretary, the State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna. 4. The District Magistrate-cum-District Election Officer, Araria, District- Araria. 5. District Panchayat Raj Officer, Araria, District-Araria. 6. The Circle Officer, Raniganj, District- Araria. 7. The Circle Officer, Bhargama, District-Araria. 8. Smt. Manju Devi, wife of Sri Bimal Rai, Resident of village- Thekpura, P.O. Hasan, P.S. Raniganj, District- Araria. . . . . . . Respondents. ---------------------------------- 2/ 22.11.2011 Heard learned counsel for the petitioner and the respondents. The petitioner was elected as Mukhia of Gram Panchayat Raj, Bhoraha, which is reserved for Extremely Backward Class category. The petitioner asserts that she belongs to Kujra caste, which pertains to Extremely Backward Class category. The petitioner submits that after due verification, she was granted certificate of being belonging to Kujra caste by Circle Officer, Raniganj vide order dated 17/27.03.2011 (Annexure-1). A complaint was made before the State Election Commission that petitioner belongs to Sheikh community and thus she does not belong to Extremely Backward Class category and on the basis of complaint, it was prayed by the complainant that petitioner’s should be disqualified for holding the post of Mukhia under Section 135 of the Act. The State Election Commission sought a 2 report regarding status of petitioner’s caste from the District Administration. Thereafter a report was submitted to the State Election Commission that petitioner does not belong to Kujra caste. Subsequently, the caste certificate earlier granted to the petitioner of being belonging to Kujra caste was cancelled vide order dated 01.09.2011 issued by Circle Officer, Raniganj. On this basis the State Election Commissioner by the impugned order dated 28.09.2011 (Annexure-11), disqualified the petitioner from holding the post of Mukhia, as she contested election from a constituency, which was reserved for Extremely Backward Class category. The State Election Commissioner thus observed that the petitioner was not eligible to contest election from the constituency, which was reserved for Extremely Backward Class category. In the meantime, the petitioner had challenged the cancellation of her caste certificate vide C.W.J.C. No.15652 of 2011. This Court after hearing the parties, remitted the matter to the District Magistrate, to verify the claim of petitioner that she belonged to Extremely Backward Class. Liberty was granted to the petitioner to file a detailed representation within three weeks from the date of passing of the order. This Court further observed that till the matter is finally decided by learned Collector, the impugned order dated 01.09.2011, passed by Circle Officer, Ranganj cancelling the caste certificate without affording an opportunity of hearing to the petitioner would be kept in abeyance. Mr. Sanjeev Nikesh, learned counsel for the State 3 Election Commission, submits that the impugned order disqualifying the petitioner was passed prior to passing of the order dated 14.10.2011 by this Court in C.W.J.C. No.15652 of 2011. The order dated 01.09.2011, passed by the Circle Officer, Raniganj cancelling the Extremely Backward Class category granted to the petitioner earlier form the basis for disqualifying the petitioner was put in abeyance till the adjudication of the matter by the Collector, Araria. In such circumstances, I have no option but to stay the order of disqualification of petitioner as Mukhia, contained in Annexure- 11. The Collector, Araria would dispose of the representation made by the petitioner challenging the cancellation of her caste certificate preferably within a period of three months from the date of receipt of a copy of this order and would submit a report to the State Election Commission. It would be open for the State Election Commission to pass appropriate order, if the Collector, Araria upholds the order of Circle Officer, Raniganj, dated 01.09.2011, cancelling the earlier caste certificate granted in favour of petitioner of Kujra caste. With the aforesaid direction, this application is allowed to the extent mentioned above. Uday/ (Samarendra Pratap Singh, J.)