BIBI SABNAM Vs. STATE ELECTION COMMISSION (PANCHAYAT)

JUDGEMENT

(1.) The present appeal is filed against the order, dated 12.11.2014, passed in C.W.J.C. No. 21579 of 2012, whereby a learned single Judge of this Court has declined to interfere with the order, dated 24.09.2012, passed by the District Magistrate-cum-District Election Officer (Panchayat), Araria, cancelling the caste certificate of the writ petitioner-appellant by which she was declared to be belonging to "Miryasin" community, which falls under Extremely Backward Class category. The writ petitioner-appellant was also aggrieved by the order of Collector treating her as a member of "Sheikh" community.

(2.) Before we examine the rival submissions of the parties, it would be necessary to notice the facts of the case in brief:

(3.) The writ petitioner-appellant challenged the order, dated 24.09.2012, in C.W.J.C. No. 21579 of 2012. The learned single Judge dismissed the writ petition with an observation that the petitioner may approach the competent Civil Court to rebut the presumption raised against her in the Khatiyan that she is the grand daughter of Sheikh Samidur Rahman, who did not belong to "Miryasin" caste. The order of the learned single Judge is under challenge in this appeal.