MAHADEO DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India for issuance of writ of quo warranto to declare the election of respondent no. 4 as illegal since he was not eligible to hold the post of Member, District Board, to which, he has been elected in the election conducted in the year 2015.

(2.) The case of the petitioner is that respondent no. 4 has been elected as a Member of the District Board, which has been assailed by the petitioner by filing writ petition, being W.P. (C) No. 2845 of 2011 on the ground that although he has contested and elected from the area, which was reserved for the Scheduled Caste category candidate but on the ground of commission of forgery by getting caste certificate of scheduled caste category, however, during the pendecny of the writ petition since the tenure of the election conducted has expired therefore, the writ petition has been rendered infructuous, hence disposed of vide order dated 15.02.2017 granting liberty to agitate the fresh election of the respondent no. 4, is so advised, by way of a fresh cause of action in an appropriate proceeding.

(3.) The petitioner has agitated the ground by referring to the enquiry conducted by the Executive Magistrate, Dhanbad dated 28.10.2015 whereby the opinion has been expressed by the said authority that the petitioner does not belong to Ghatwar caste and as such he is not under the Scheduled Caste category and after the said finding the same has been brought to the notice of the competent authority that when the Deputy Commissioner has declared the election of the respondent no. 4 to be illegal and in consequence thereof, he has been declared eligible for the said election but having no action on the said declaration, the present writ petition has been filed.