SHAKIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsels for the State Election Commission, Respondent No. 7 and for the State of Bihar. Both the writ applications have been filed by the same petitioner for the relief relating to the question of determination of caste of the petitioner which has led ultimately to his disqualification and having accordingly been heard together and are being disposed of by a common order at the stage of admission itself with the consent of the parties.

(2.) In CWJC No. 9234 of 2012 the prayer is to quash the order dated 24.4.2012 passed by the State Election Commission in Case No. 1 of 2012 by which he has held the petitioner as disqualified to hold the post of Mukhiya on the ground that he does not belong to Extremely Backward Caste of 'Shekhra' but belongs to the 'Sheikh' caste and consequently declared that the post held by the petitioner shall be treated as vacant for which steps shall be taken to fill up the post in accordance with law.

(3.) In CWJC No. 8544 of 2012 the prayer made by the petitioner is to quash the order dated 12.3.2012 passed by the District Magistrate, Banka by which he has affirmed the order dated 24.4.2011 passed by the Circle Officer, Bounsi cancelling the caste certificate of the petitioner.