ROZA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one appears on behalf of the petitioner.

(2.) State, State Election Commission and the contesting private-respondent are present. Petitioner is aggrieved by order dated 08.06.2009 passed by the Circle Officer, Bhargama, Araria. By the said order, the Circle Officer has cancelled the cast certificate issued to the petitioner showing her to be of extremely backward cast. The contesting private-respondent at whose instance this action was taken has filed a detailed counter affidavit. It is pointed out that consequential to the impugned order, the State Election Commission was informed, which has cancelled the candidature of the petitioner in terms of Section 136 of the Bihar Panchayat Raj Act, which fact the petitioner has neither brought on record nor challenged.

(3.) For contesting election of Mukhiya of Bhargama Gram Panchayat, the petitioner had applied to the Circle Officer for grant of cast certificate claiming herself to be Sekhra cast, which is an extremely backward cast. The cast certificate was issued on 18.03.2006 by the Circle Officer. On basis of the cast certificate, petitioner filed her nomination for contesting election for the post of Mukhiya. In the election petitioner was duly elected as Mukhiya.