PAWAN KUMAR AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondent authorities to issue caste certificate to the petitioner in order to enable him to file nomination for the Urban Local Bodies Election, 2022 for which notification has already been issued on 9/9/2022.

(2.) The brief facts of the case, according to the petitioner, is that the petitioner belongs to Most Backward Caste known as Sinduriya Baniya and was granted caste certificate from the office of the Circle Officer, Bahadurganj vide Certificate No. 546 dtd. 20/7/2017, however, upon complaint, enquiry was initiated against the petitioner at the instance of his enemies whereupon the Collector, Kishanganj had cancelled the caste certificate of the petitioner vide order dtd. 12/7/2019, which was challenged by the petitioner by filing a writ petition bearing C.W.J.C. No. 15010 of 2019. It has been further submitted that a coordinate Bench of this Court had disposed off the said writ petition filed by the petitioner vide order dtd. 14/11/2019, relevant portion whereof is reproduced herein below:-

(3.) The learned counsel for the petitioner has further submitted that since a coordinate Bench of this Court vide order dtd. 14/11/2019 had set aside the order dtd. 12/7/2019 passed by the District Magistrate-cum-District Election Officer, the caste certificate issued by the Circle Officer, had revived and is valid for all purposes, nonetheless, the office of the District Election Officer, has informed the petitioner that a fresh caste certificate is required as per the notification issued by the State Election Commission for the purposes of Urban Local Bodies Election, 2022 dtd. 8/9/2022/9/9/2022. The learned counsel for the petitioner has also submitted that since the last date for submission of nomination paper for Bahadurganj Nagar Panchayat, from where the petitioner has to contest the election, is 19/9/2022, the respondents be directed to issue necessary caste certificate since the petitioner cannot file his nomination paper without the same.