IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18586 of 2011 ====================================================== Smt.Asmina Khatoon Wife Of Md. Kamaluddin Resident Of Village - Jhiruwa Purwari, P.O. + P.S.- Simraha, Dist.- Araria, Prsently Norkingas Mukhiya .... .... Petitioner/s Versus 1. The State of Bihar Through The Secretary Panchayat Raj, State of Bihar 2. The Secretary, State Election Commission, Sone Bhawan, Birchand Patel Marg, Patna, Bihar 3. The Commissioner, State Election Commission, Sone Bhawan, Birchand Patel Path, Patna, Bihar 4. The District Magistrate, Dist.- Araria 5. The Sub-Divisional Officer, Forbesganj, Dist-Araria 6. The Sub-Divisional Officer, Araria, Dist.- Araria 7. The Block Development Officer, Forbesganj, Dist.- Araria 8. The Circle Officer, Forbesganj, Dist.-Araria 9. The Circle Officer-Cum-Public Information Office, District- Araria 10. Manjula Devi Wife Of Laxmi Mandal Resident Of Village-Arraha Madarganj, P.S.- Simraha, Dist.-Araria .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shri Prakash Srivastava, Advocate Mr. J.P. Shaha, Advocate Mr. Ranjeet Choubey, Advocate For the State Election Commission: Mr. Sanjeev Nikesh, Advocate For the State : G.A. 7. =================================================== 02/ 03-11-2011 The petitioner has been elected as Mukhiya of Gram Panchayat Raj, Thirwari, Purawari having contested the election as an EBC candidate. The election of the petitioner was challenged before the Election Tribunal vide Annexure-1 and 2 by losing candidates. One the grounds taken by the candidate are that the petitioner did not belong to Shekhara caste and thus he does not belong to EBC class. In the meantime, the Circle Officer, Araria cancelled the earlier caste certificate dated 01.04.2011, whereby he Patna High Court CWJC No.18586 of 2011 (2) dt.03-11-2011 2 / 3 2 was declared to have belonged to Shekhara caste. As the caste certificate was cancelled, the State Election Commissioner has issued notice to the petitioner as to why he be not held disqualified as he had contested election from seats reserved for EBC. The petitioner being aggrieved has challenged the notice issued by State Election Commission as well as cancellation of caste certificate by the Circle Officer, Araria. Learned counsel for the State Election Commissioner submits that whether the State Election Commission is competent to look into disqualification under Section 135(1) of 2009 Act. This issue has been referred to a Division Bench in case of Mahendra Narayan das Vs. State of Bihar contained in Annexure- 10. He submits that the State Election Commission has not passed any detrimental order and petitioner can raised this point before the Commissioner itself. Having considered the submissions of the counsel for the parties, I am of the view that the petitioner should first challenge the order of cancellation of his caste certificate before the District Magistrate, Araria. Further more, it will be open for the petitioner to take the point before the State Election Commission that the matter regarding jurisdiction to decide questions relating to disqualification referred in Section 135 has Patna High Court CWJC No.18586 of 2011 (2) dt.03-11-2011 3 / 3 3 been referred to a Division Bench. With the aforesaid liberty, this application is disposed of. The petitioner must file his representation before the District Magistrate, Araria within three weeks from today. Till the decision of the District Magistrate, the cancellation of caste certificate by Circle Officer, Araria is kept in abeyance. DKS/ (Samarendra Pratap Singh, J)