SUSHILA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Feeling aggrieved by the order dated 20th June 2012 made by the learned single Judge in CWJC No. 17461 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

(2.) The writ petitioner is an elected Mukhiya of the Gram Panchayat - Pakri, Block - Motipur, District - Muzaffarpur. Her election came to be questioned by one Sulekha Devi, the respondent no. 6, on the premise that the appellant does not belong to the community of "Sinduria Bania", an extremely backward class, as professed by the appellant. Pursuant to the said complaint lodged by the aforesaid Sulekha Devi, the State Election Commission (hereinafter referred to as "the Commission") on 27th June 2011 directed the District Magistrate to make enquiry in respect of the caste of the appellant. On 28th June 2011 the Commission also called upon the appellant to remain present for hearing on 4th Aug. 2011. The notice was answered by the appellant. She raised a preliminary objection in respect of the jurisdiction of the Commission to hold enquiry under Sec. 136(2) of the Bihar Panchayat Raj Act, 2006. The said objection has been rejected by the Commission under its order dated 30th Aug. 2011.

(3.) Pursuant to the said direction, the District Election Officer-cum-District Magistrate, Muzaffarpur made a report on 17th Sept. 2011. According to the said report, in the revenue records, the word "Sinduria" was interpolated. According to the said report, the appellant belongs to the community "Karth Bania" or "Kayasth Bania" a caste not recognised as extremely backward class.