DINESH KUMAR SAH BHARTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant-Petitioner was elected to the post of Mukhiya of Khutauna Gram Panchayat, reserved for Extremely Backward Class, on the basis of caste certificate obtained from the Circle Officer, Khutauna bearing No. 621 dated 10.2.2001, on the basis of which the Sub-Divisional Officer issued certificate No. 267 dated 24.7.2003 and the District Magistrate issued certificate No. 904 dated 26.7.2003 stating that he belongs to 'Kanu' caste which has been placed under the list of Extremely Backward Class.

(2.) The Respondent No. 9, one Ram Babu Kamat, challenged the issue of caste certificate in favour of the Appellant on many a ground and, eventually, the Sub-Divisional Officer and the District Magistrate concerned cancelled the caste certificate which came to be assailed in CWJC No. 4742 of 2007* wherein this Court vide order dated 13.5.2008 held that the order had been passed without issuing notice to the Appellant and, accordingly, remitted the matter to the District Magistrate for fresh adjudication as regards the caste status of the Appellant in accordance with law. After the remit, the District Magistrate, upon hearing the Appellant and the 8th Respondent, passed an order on 30.6.2008 holding that the Appellant does not belong to 'Kanu' caste but belongs to 'Halwai' caste which is categorized as 'Backward Class' and not 'Extremely Backward Class'.

(3.) It is worth noting that on the basis of the earlier order passed by the District Magistrate, the State Election Commission (for short 'the Commission') had passed an order on 10.2.2008 removing the Appellant from the post of Mukhiya but recalled the same after the interim order was passed by the writ Court on 15.4.2008. After the remit, when the District Magistrate passed the order on 30.6.2008, the Commission afforded an opportunity of hearing to the Appellant and on the basis of the material brought on record passed the order dated 28.7.2008 removing the Appellant from his post and directing for holding of fresh election.