ASHOK SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajendra Prasad Singh, learned senior Advocate appearing on behalf of the Petitioners and Mr. M.Y. Eqbal, learned G.A. appearing on behalf of the State. With their consent, all these three writ applications involving common questions of law, were heard together and are being disposed of by this common judgment at the time of admission stage itself.

(2.) In C.W.J.C. No. 208 of 1995 (R), Petitioners have challenged the order dated 24.1.1995 passed by the Respondent No. 2, the Returning Officer, by reason of which the nominations submitted by the Petitioners have been rejected. The impugned order have been annexed as Annexure 3 series. Petitioners for the purpose of contesting the ensuing election to the State Legislature filed their nomination papers in the office of the Respondent No. 2 on 23.1.1995 after obtaining necessary permission from their employer to contest the election. By a Tetter dated 18.1.1995 the authority of Bokaro Steel Plant granted permission to the Petitioner No. 1 for contesting the election. The Respondent No. 2 rejected the nomination papers of the Petitioner Nos. 1 to 4 on the ground that the candidates are the managing agents of the Bokaro Steel Limited and as such, they are disqualified for contesting the election in view of Section 10 of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act'). Nomination of Petitioner No. 5 has been rejected on the ground that the Petitioner No. 5 did not submit the certified copies of the relevant portions of the 279 Bokaro Assembly Constituency, when admittedly he was an elector in 279 Bokaro Assembly Constituency.

(3.) In CWJC No. 211/95(R), the Petitioner has prayed for quashing of the order of the Respondent No. 3, the Returning Officer, dated 24.1.1995 by reason of which the nomination paper submitted by the Petitioner has been rejected on the ground that the Petitioner is not the member of scheduled tribe. This order has been annexed as Annexure 1 to the writ petition. The Petitioner filed his nomination paper annexing the caste certificate granted by the District Welfare Officer, Singhbhum (West), Chaibasa. The Returning Officer, on the basis of entry made in the Khatian, has come to the conclusion that the Petitioner is a "Gaur" by caste and as such, he does not come in the category of scheduled tribe.