IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9744 of 2010 RAHINA KHATOON W/O MD. IRFAN NURI R/O VILL. BAIJU PATTI, P.S. BHARGAMA, DISTT-ARARIA. …..PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE STATE ELECTION COMMISSIONM, BIHAR, PATNA. 3. THE STATE ELECTION COMMISSIONER, BIHAR, PATNA. 4. THE SECRETARY STATE ELECTION COMMISSION, BIHAR, PATNA. 5. THE DISTRICT MAGISTRATE , ARARIA. 6. THE SUB-DIVISIONAL OFFICER, FARBISGANJ, DISTT- ARARIA. 7. THE BLOCK DEVELOPMENT OFFICER, BHARGAMA, DISTT-ARARIA. 8. ANCHAL ADHIKARI., ARARIA. 9. ROZA KHATOON, W/O SHEIKH WASIR, R/O VILL BIRNAGAR TOLA TAPRA, P.S.BHARGAMA, DISTT- ARARIA. ….RESPONDENTS. ----------- For the petitioner : Mr. Tara Nath Jha, Advocate. For the State : Mr. S.K.Mandal, S.C.-15 Mr. Abdus Shakoor, A.C to S.C.-15. For the Election Commission : Mr. Sanjeev Nikesh, Advocate. ---- 02/ 15.07.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for the State Election Commission. Only the private respondent no.9 is not present, but the nature of order which this court is going to pass does not require any notice to be sent to respondent no.9. It is quite apparent that in the year 2006 election for Mukhiya of Birnagar East Gram Panchayat in the district of Araria was held in which respondent no.9 succeeded and petitioner - 2 - secured the second highest votes and hence respondent no.9 was appointed as Mukhiya of the said Gram Panchayat. The said election was challenged by the petitioner vide Election Petition No.18 of 2006 which is pending before the Election Tribunal-cum- Munsif, Araria. The said election petition is pending and during the pendency of the said election petition the caste certificate of respondent no.9 who claimed to be Sheikhra community (which is extremely backward caste) was rejected by the authorities vide order dated 08.01.2010 passed by the State Election Commission, Bihar, Patna (Annexure-2) and it was found that respondent no.9 belonged to Sheikh community which was a forward caste and hence she was disqualified from being a candidate in the said constituency which was specifically reserved for extremely backward caste. Now learned counsel for the petitioner has stated that the State Election Commission, Bihar has issued letter dated 07.05.2010 (Annexure-3) in which election of Mukhiya of the aforesaid Gram Panchayat is fixed for 18.07.2010. Considering the aforesaid facts and circumstances of this case, this writ petition is disposed of with a direction to the Election Tribunal-cum-Munsif, Araria to dispose of the Election Petition no.18 of 2006 expeditiously, preferably within a period of three months from the date of receipt of a copy of this order. Until the said election petition is decided, the election of Mukhiya in the Gram Panchayat Birnagar East, Block- - 3 - Bhargama within the district of Araria shall remain stayed. If the cost of fax is deposited by the petitioner by tomorrow, let a copy of this order be sent to the Election Tribunal- cum-Munsif, Araria as well as the learned Collector, Araria through fax. Sunil (S. N. Hussain, J.)