FARZANA SABAFF Vs. STATE OF BIHAR

JUDGEMENT

(1.) have heard the parties and have perused the records of this case.

(2.) The factual matrix emanating out of the pleadings of the parties which would be necessary for consideration of the case stands enumerated as under:-

(3.) The petitioner was granted a certificate dated 17.10.2001, as contained in Annexure 2, by the Block Development Officer, Raniganj, declaring her to be belonging to "Shekhara" caste which has been described as extremely backward caste in the resolution no. 756 dated, issued by the Personnel and Administrate Reforms Department, Government of Bihar, Patna. The petitioner, thereafter, contested the election of Mukhiya of Gram Panchayat Baghaily in the year 2006 which was reserved for extremely backward woman candidate. Her nomination was accepted on the basis of her caste certificate as contained in Annexure 2 treating her to be a woman belonging to extremely backward caste. The respondent no. 6 raised objection regarding that at the time of nomination but it was not accepted by the Returning Officer-cum-District Magistrate, Supaul. She was declared elected as Mukhiya of Gram Panchayat, Bagheli. The respondent no. 6, thereafter, made a challenge to her candidature on the basis of the aforesaid caste certificate before the State Election Commission but the same was rejected on the ground that, after completion of election process and declaration of the result, the only remedy available to the respondent no. 6 was to file election petition before the Election Tribunal. Aforesaid order was challenged by the respondent no. 6 before this Court in C.W.J.C. No. 9299 of 2006 which was set aside by a learned Single Judge of this Court vide order dated 05.09.2007 contained in Annexure 3 and the State Election Commission was directed to issue notice to the parties and decide the matter on its merit within a period of two months. While passing such order the Single Bench of this Court had noticed the dispute regarding the grant of certificate showing her to be a member of extremely backward caste candidate and held that the matter relating to qualification or disqualification could be decided by the Election Commission. The State Election Commission, thereafter, vide its order dated 27.11.2007, directed the Collector, Araria to verify the correctness of the caste certificate granted to the petitioner and at the same time it had also preferred L.P.A. No. 1015 of 2007 challenging the aforesaid order passed by the Single Bench of this Court in C.W.J.C. No. 9299 of 2006. Subsequently, another L.P.A. No. 584 of 2008 also came to be preferred by this petitioner before a Division Bench of this Court. In the meantime, the District Magistrate concerned instituted Miscellaneous Case No. 25 of 2007-2008 upon the direction of the Bihar State Election Commission for verification of the correctness of the caste certificate granted to the petitioner. A final order dated 12.02.2008, as contained in Annexure 1, was passed by the Collector, Araria holding that the concerned caste certificate granted to the petitioner was based on incorrect facts and, accordingly, that was cancelled. The petitioner preferred the present writ application against the aforesaid order.