Writ petition by Md. Saifullah seeking caste certificate before Panchayat elections. Court dismissed, blaming petitioner for delay and noting executive discretion on certificate grants.
Application stands disposed without granting the relief sought.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5686 of 2011 MD.SAIFULLAH . Versus THE STATE OF BIHAR & ORS .
Learned counsel for the petitioner fairly acknowledges that the petitioner was aware in good time that Panchayat Election was going to be held afresh in 2011 and were to be notified earlier in that year. But the petitioner is unable to explain that if he had political aspirations at the local level why he did not apply for a caste certificate well in time and applied for the same as late as on 14.2.2011 barely days before the notification was issued on 21.1.2011 for holding the election.
Learned counsel for the petitioner submits that be as it may an enquiry has been held and grant of necessary caste certificate recommended on 13.3.2011.
The issue and grant of caste certificate is a matter based on enquiry and reports. The Court is not persuaded to put its seal of approval of the manner and haste in which matters appear to have progressed.
If an enquiry has been held, and a report has been submitted, it is for the executive authorities to decide what is to be done and Court makes no pronouncement on
2
the same.
The Court is satisfied that the petitioner has alone himself to blame for not being vigilant for the enforcement of his right and interest.
The application stands disposed.
P.K
( Navin Sinha, J.)
2 issues framed by the court
Whether the petitioner is entitled to caste certificate considering the delayed application shortly before the election notification.
Whether the Court can intervene in the executive's decision to grant a caste certificate based on an enquiry report.
Md. Saifullah
The State of Bihar & Ors.
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
