Disposed

Ranju Devi v. the State of Bihar and Ors.

Patna HC25 Apr 2011CWJC/6652/2011

Case brief

AI extract

What is this about?

In a writ petition regarding the ex-parte cancellation of the petitioner's caste certificate, the Patna High Court held that the cancellation violated natural justice. The court directed the District Magistrate to conduct an enquiry, grant a hearing, and pass a reasoned order.

What did the court decide?

Directed District Magistrate to hold enquiry, grant hearing, and pass a reasoned order regarding the cancellation of the caste certificate.

Ranju Devi Vs the State of Bihar and Ors. — Election Law | Patna HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6652 of 2011 RANJU DEVI . Versus THE STATE OF BIHAR & ORS .

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25.04.2011 Heard learned counsel for the petitioner, for the State and for the State Election Commission.

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The petitioner is aggrieved by the order dated 12.3.2011 cancelling her Caste certificate thereby rejecting her nomination on that ground.

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It is submitted that the petitioner had contested the Panchayat Elections for the post of Mukhiya in the year 2006 also on basis of a Caste certificate as belonging to the “Chaupal” Caste. At no point of time this caste certificate was questioned. The allegation is that the present cancellation, in an ex-parte manner, has been engineered to prevent her from even entering the arena to contest elections as a shortcut method to benefit another candidate.

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Learned counsel for the State and the Commission submits that it may be a matter for enquiry, whether the Caste certificate came to be cancelled in accordance with law or contrary to the law. Whether the Caste certificate status claimed by the petitioner was correct or not.

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At this stage, if the Caste status of the petitioner

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as determined by a certificated granted in the year 2006 is concerned has remained undisturbed till the announcement of the present Panchayat Election, the Caste status of the petitioner cannot be the subject matter of a fresh enquiry by the respondents in the present proceedings. The rights of the respondents to re-enquire into the Caste status of the petitioner vis-à-vis that determined in 2006 is an entirely different matter. Nothing precludes the respondents from doing so, if they so which to do in accordance with law.

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The controversy in the present case relates to the manner in which it has been cancelled. The present Caste certificate had been issued on 14.2.2011 and which has been cancelled. If it has been cancelled ex-parte in violation of the principles of natural justice, obviously, the cancellation order dated 12.3.2011 is still born or void ab initio with all its attendant consequences of the right to contest the election. What may or may not happen thereafter with regard to her Caste certificate is not relevant to the present issue.

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The District Magistrate-cum-District Electorate Officer, upon presentation of a copy of this order before him is directed to hold an enquiry, grant a personal and/or representative hearing to the petitioner, hear the Returning Officer also and then pass a reasoned and speaking order

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dealing with all issues raised on behalf of the petitioner with regard to the impugned order dated 12.3.2011.

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Circumstances so warranting, without prejudice to the other rights and remedies that the petitioner may be advised to pursue, nothing precludes the petitioner from proceeding appropriately against the Returning Officer concerned also in an appropriate manner as she may be advised.

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The writ application stands disposed.

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P.K

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( Navin Sinha, J.)

Ranju Devi v. the State of Bihar and Ors.

Case brief

What is this about?

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Ranju Devi v. the State of Bihar and Ors.

Case brief

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