IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15335 of 2009 Bharat Sah, son of Jagdish Sah, village Kakraul, PS Rahika, Dist. Madhubani – Petitioner. Vs. 1) The State of Bihar, 2) The Chairman, Bihar State Election Commission, Bihar, Patna. 3) The Registrar, Civil Court, Madhubani. 4) The Dist. Magistrate cum Dist. Election Officer, Madhubani. 5) The B.D.O. cum Block Election Officer, Rahika, Madhubani. 6) The Election Officer cum Circle Officer, Rahika, Madhubani. 7) The Block Election Supervisor, Rahika, Madhubani. 8) Ram Bharos Roy son of Hau Roy, village Mahinathpur, Gram Panchayat Raj Kakraul North, PS Rahika, Dist. Madhubani – Respondents. 3 27.9.2011 Heard learned counsel for the petitioner and the State. The petitioner has challenged the order, dated 7.10.2009 passed in Election Case No. 6/2006. The writ petition has basically become infructuous as now a fresh election has already taken placed. The petitioner is only aggrieved by that part of the order by which he has been declared to be Halwai by caste which came under Annexure II earlier. At present it comes under Annexure I. Counsel for the petitioner submits that Kanu is a sub- caste of Halwai. However, Kanu comes within the extremely backward category under Annexure I whereas Halwai comes within the backward category i.e. Annexure II. The petitioner has not been able to show either by oral evidence or by documentary evidence that he was Kanu by caste and as such the court below has set aside his election. This court cannot interfere with the order impugned as far as the declaration of the caste is concerned. 2 This writ petition is accordingly disposed of. haque ( Sheema Ali Khan, J .)