02/ 17th May 2011 IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.843 of 2011 BINOD SINGH, S/O NAGESHWAR SINGH, R/O VILLAGE-BERHATAR, P.S. HAVELI KHARAGPUR, DISTT- MUNGER…..PETITIONER………...APPELLANT Versus 1. THE STATE OF BIHAR THRU THE COLLECTOR, MUNGER. 2. THE STATE ELECTION COMMISION, BIHAR, SONE BHAWAN, BIRCHAND PATEL PATH, PATNA THRU THE STATE ELECTION COMMISSIONER. 3. THE SECRETARY, STATE ELECTION COMMISION, BIHAR, SONE BHAWAN, BIRCHAND PATEL PATH, PATNA 4. THE DISTRICT OFFICER, MUNGER, P.S. AND DISTRICT-MUNGER. 5. THE SUB-DIVISIONAL OFFICER, KHARAGPUR, P.S. HAVELI KHARAGPUR, DISTT-MUNGER. 6. THE BLOCK DEVELOPMENT OFFICER, KHARAGPUR, P.S. HAVELI KHARAGPUR, DISTT- MUNGER. 7. THE BLOCK WELFARE OFFICER, HAVELI KHARAGPUR, P.S. HAVELI KHARAGPUR, DISTT- MUNGER. 8. THE PANCHAYAT SEVAK, GANGAT PANCHAYAT, P.S. HAVELI KHARAGPUR, DISTT- MUNGER………..RESPONDENTS……RESPONDENTS --------- Heard learned counsel for the appellants. 2. He undertakes to remove some defects in course of the day. 3. Although the records of the connected writ petition are not available, considering the urgency of the 2 matter we have heard this appeal on merits. The election for the post of Mukhiya, Gangata Panchayat, Haveli Kharagpur, District- Munger is scheduled for tomorrow. The seat is reserved for most backward class and initially the nomination of the appellant was found to be in order but subsequently on account of cancellation of the caste certificate, said to be done most illegally, the nomination has been found to be against law and rejected. 4. The writ Court has requested the State Election Commissioner to hold an enquiry and complete the same within four months. The Commissioner has also been permitted to take necessary consequential action. 5. As a policy, this Court avoids exercise of writ jurisdiction and passing of interim order which may delay or interfere with the holding of elections. Any order at this stage will have the same effect and hence we are not persuaded to interfere. The appeal is, therefore, disposed of in terms of order passed by the writ Court. 6. It is expected that the State Election Commissioner shall complete the exercise in accordance with law within the period indicated by the writ Court. Liberty is also granted to the appellant that if he is so advised 3 he may pursue his remedy before the Election Tribunal. perwez (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)