RAMNATH SAMANT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Order dated 14.02.2017 passed in W. P. (C) No. 7344 of 2016 reads as under:-

(2.) Counter affidavit has been filed on behalf of the respondent nos. 2 to 4. The respondent nos. 5, 6 and 9 have also filed their counter affidavit. Supplementary counter affidavit has also been filed on behalf of the respondent no. 3.

(3.) The petitioner's election to the post of Mukhiya of Panchayat Gua West, Block Noamundi has been annulled by the impugned order dated 12.11.2016 on the Election Petition No. 02/2015-16 by the Sub-Divisional Officer, Jagarnathpur on the finding that he does not belong to Scheduled Tribe rather is a member of Backward Class ( caste Tamaria). The Certificate of caste has been issued by the Block Development Officer, Noamundi, Annexure-4 dated 09.02.1989 showing the petitioner belonging to the caste Munda, which is covered under the Presidential notification of 1956 as a Scheduled Tribe. Subsequently, the certificate of caste in duplicate was also issued by the Block Development Officer, Noamundi on 30.10.2015 bearing the same number 65 dated 09.02.1989 showing the petitioner belonging to the caste of Munda covered under the Presidential notification of 1956 in the category of ST.