Petitioner challenged election of respondent as Mūkhiya alleging false caste certificate. Court held revenue records showed controversy, making field verification lawful. Writ petition dismissed.
Writ petition dismissed; applicant's complaints rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 5652 of 2017
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Jamila, wife of Shalim Mansuri, Resident of Village- Kharihara, P.S.- Barahat, District- Banka.
.... .... Petitioner/s
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh and Mr. Rajiv Kumar Singh, Advocates For the State Election : Mr. Amit Shrivastava and Mr. Girish Pandey, Advocate For the State : Mr. Dr. Mankeshwar Tiwari, A.C. to A.A.G. 3
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date: 16-08-2017
Heard learned counsel for the petitioner; State and
the State Election Commission.
following reliefs:
“i) Issuance of an appropriate writ including a writ in the nature of writ of certiorari quashing Gyapank 521, Patna dated 27.02.2017 passed in case no. 43/2016 (Annexure-7) by the State Election
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Commissioner, State Election Commission, Bihar Patna (Respondent no. 2) and also quashing the order dated 23.09.2016 (Respondent No. 5) passed by the District Magistrate cum District Returning Officer (Panchayat) Banka.
ii) Issuance of an appropriate writ including in a writ in the nature of writ of mandamus commanding the respondents to remove respondent no. 9 from the post of Mukhiya, Khaihara Panchayat Barahat Block, Banka immediately because she was elected on the said post on the basis of forged Caste Certificate while she belongs to the Caste of Sheikh.
iii) Issuance of any other appropriate writ(s) order(s) direction(s) as may be deemed fit and proper in the facts and circumstances of the case.”
by rejection of her complaint that the respondent no. 10, who is the elected Mukhiya of Gram Panchayat Kharihara in Block- Barahat of District Banka is an EBC being ‘ Sheikh’ and not ‘ Mukeri’. The matter was enquired into by the District Magistrate who came to the conclusion that the petitioner was also ‘ Mukeri’ and on such report, the complaint of the petitioner has been rejected by the State Election Commission.
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spot/field verification, which they have done, to hold that the petitioner belonged to ‘ Mukeri’ caste. Learned counsel submitted that for correction of such revenue records, they had also moved before the District authorities which have held that only the Court of Competent Jurisdiction can make the necessary correction. It was submitted that once there are revenue records to show that the petitioner belonged to ‘ Sheikh’ caste, there was no further requirement of any enquiry and the caste certificate showing ‘ Mukeri’ was required to be cancelled and the election of the petitioner to be held as void.
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submitted that there is no violation of the procedure prescribed since there were two revenue entries, one showing that the grandfather belonged to ‘ Sheikh’ caste whereas the other did not show any caste and under such circumstances, local/spot/field enquiry having been held, cannot be faulted.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR U
3 issues framed by the court
Whether a spot/field verification was required to determine the caste of the petitioner given conflicting revenue records.
Whether the election of the respondent as Mukhiya was void due to an alleged forged caste certificate.
Whether the writ petition challenging the election rejection and caste certificate should be allowed.
Jamila
State of Bihar
Kiswari
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
