IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.16911 OF 2009 RUBY DEVI, WIFE OF SHRI KUNDAN KISHORE SHARMA, RESIDENT OF YARPUR SHIVAJEE PATH, KAMLA BHAWAN, P.O. G.P.O., P.S. JAKKANPUR, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, PATNA 2. THE STATE ELECTION COMMISSION, SONE BHAWAN, VEERCHAND PATEL PATH, PATNA THROUGH STATE ELECTION COMMISSIONER, THE BIHAR STATE ELECTION COMMISSION, SONE BHAWAN, VEERCHAND PATEL PATH, PATNA 3. THE STATE ELECTION COMMISSIONER, BIHAR STATE ELECTION COMMISSION, SONE BHAWAN, VEERCHAND PATEL PATH, PATNA 4. THE DISTRICT MAGISTRATE, PATNA 5. THE DEPUTY DEVELOPMENT COMMISSIONER, PATNA 6. THE DISTRICT WELFARE OFFICER, PATNA 7. THE SUB DIVISIONAL OFFICER, PATNA 8. THE BLOCK DEVELOPMENT OFFICER, SADAR BLOCK PATNA 9. SNEHA KUMARI, WIFE OF SHRI SANJEEV KUMAR, RESIDENT OF MOHALLA MITHAPUR “B” AREA, WARD NO. 19, P.O. G.P.O., POLICE STATION JAKKANPUR, DISTRICT PATNA 10. THE BLOCK DEVELOPMENT OFFICER, BARBIGHA, DISTRICT SHEIKHPUR ***************** 4 02/12/2011 This writ application has been filed for a direction that this Court should restrain Sneha Kumari from working as a Ward Councillor of Ward No. 19 of Patna Municipal Corporation. Counsel for the petitioner submits that the seat was reserved for the Extremely Backward Category, whereas the respondent no. 9 belongs to Backward Category. Apparently, her caste certificate was cancelled by virtue of Annexure-A to the counter 2 affidavit and the matter has been referred to the State Election Commission. Since, the matter is referred to the State Election Commission, it would be proper that the Commission should decide this issue after issuing notice to respondent no. 9 regarding this matter. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)