LAWS(PAT)-2023-10-20

MUSHRAT KHATUN Vs. STATE ELECTION COMMISSION

Decided On October 03, 2023
Mushrat Khatun Appellant
V/S
STATE ELECTION COMMISSION Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) Since the issue involved in both these writ petitions are one and the identical, thus the same are being taken up and heard analogously and being disposed of by this common order, with the consent of the parties.

(3.) The challenge made in both the writ petitions is/are the orders of the State Election Commissioner (respondent no. 2), both dtd. 15/6/2023 by which the matter has been relegated to the Caste Scrutiny Committee of the General Administration Department for determination of caste/social status of the petitioners. The petitioners also sought a declaration that the State Election Commissioner, while exercising his quasi judicial power, was/is under obligation to decide the dispute under Sec. 136 (2) of the Gram Panchayat Raj Act, 2006 only on the basis of unimpeachable evidence produced by the parties and the State Election Commissioner cannot collect the evidence against an elected representative when a vague complaints unsupported by clinching and unimpeachable evidence is filed before it.