Patna High Court - Orders
Md. Shakil vs The State Of Bihar & Ors on 25 June, 2014
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1615 of 2013
In
Civil Writ Jurisdiction Case No. 8544 of 2012
With
Interlocutory Application No.8839 of 2013
In
Letters Patent Appeal No.1615 of 2013
======================================================
Md. Shakil, son of Sheikh Samsuddin, resident of Village- Kazi Kairy,
Police Station- Bounsi, District- Banka.
.... .... Writ petitioner-Appellant
Versus
1. The State of Bihar.
2. The District Magistrate, Banka.
3. The District Panchayat Raj Officer, Banka.
4. The Block Development Officer, Bounsi, District- Banka.
5. The Circle Officer, Bounsi, District- Banka.
6. The State Election Officer through the Chief Election Officer, Bihar,
Patna.
7. Rijwan Ansasri son of Haneef Ansari, resident of Village- Kazi Kairy,
Police Station- Bounsi, District- Banka.
.... .... Respondents- Respondents
======================================================
With
Letters Patent Appeal No.1633 of 2013
IN
Civil Writ Jurisdiction Case No.9234 of 2012
With
Interlocutory Application No.9011 of 2013
In
Letters Patent Appeal No.1633 of 2013
======================================================
Md. Shakil, son of Sheikh Samsuddin, resident of Village- Kazi Kairy,
Police Station- Bounsi, District- Banka.
.... .... Writ petitioner-Appellant
Versus
Patna High Court LPA No.1615 of 2013 (9) dt.25-06-2014
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1. The State of Bihar.
2. The District Magistrate, Banka
3. The District Panchayat Raj Officer, Banka.
4. The Block Development Officer, Bounsi, District- Banka.
5. The Circle Officer, Bounsi, District- Banka.
6. The State Election Officer through the Chief Election Officer, Bihar,
Patna.
7. Rijwan Ansasri son of Haneef Ansari, resident of Village- Kazi Kairy,
Police Station- Bounsi, District- Banka.
.... .... Respondents- Respondents
======================================================
Appearance :
(In LPA No.1615 of 2013)
For the Appellant : Mr. Balram Kapri, Advocate
For the Respondent-State : Mr. Rajiv Roy, G. P.-5
Mr. Suresh Kumar, A.C. to G.P.-5
For the Respondent-Commission : Mr. Amit Shrivastav, Advocate
Mr. Girish Pandey, Advocate
For the Respondent No.7 : Mr. Ravi Ranjan, Advocate
Mr. Ajay Mukherjee, Advocate
Mr. Ganesh Sharma, Advocate
(In LPA No.1633 of 2013)
For the Appellant : Mr. Balram Kapri, Advocate
For the Respondent-State : Mr. Md. Faiz Ahmad, A.C. to G.P.-7
For the Respondent-Commission : Mr. Amit Shrivastav, Advocate
Mr. Girish Pandey, Advocate
For the Respondent No.7 : Mr. Ravi Ranjan, Advocate
Mr. Ajay Mukherjee, Advocate
Mr. Ganesh Sharma, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court LPA No.1615 of 2013 (9) dt.25-06-2014
3/4
9. 25-06-2014Interlocutory Application No. 8839 of 2013 Delay of 42 days occurred in filing the Letters Patent Appeal No.1615 of 2013 is condoned.
Interlocutory Application stands disposed of.
Letters Patent Appeal Nos.1615 of 2013 and 1633 of 2013 These two Appeals under Clause 10 of the Letters Patent have been preferred by the writ petitioner against the common order dated 2nd September 2013 passed by the learned single Judge in CWJC Nos.9234 of 2012 and 8544 of 2012.
The matter at issue is the election of the appellant as Mukhia of the Gram Panchayat Kaji Kairy, District-Banka. On complaint received against the appellant's election as Mukhiya, pursuant to the enquiry made by the Circle Officer it was learnt that the appellant belongs to the community 'Sheikh'. However, he obtained a caste certificate in the name of 'Sheikhara'; contested election on a seat reserved for Extremely Backward Class candidate; and was elected. Pursuant to the said finding, the Election Commission has, under order dated 24th April 2012 made in exercise of power conferred under Section 136 of the Bihar Panchayat Raj Act, 2006, cancelled the election of the appellant. Feeling aggrieved, the appellant filed CWJC No.8544 of 2012 to challenge the finding recorded by the Circle Officer and CWJC No.9234 of 2012 to challenge the order made by the Election Commission to disqualify the appellant.
Writ petitions were contested by the State Government and the Election Commission. The learned single has rejected the writ petitions. Therefore, these Appeals.
We have heard the learned advocates extensively. According to the Election Commission, the appellant was allowed to contest election on a seat reserved for an extremely Patna High Court LPA No.1615 of 2013 (9) dt.25-06-2014 4/4 backward class candidate on the premise that the appellant belonged to 'Sheikhara' community, an extremely backward class community. Although the appellant is a 'Sheikh', not an extremely backward class community, the appellant had obtained and produced the false certificate in the name of 'Sheikhara' community.
In view of the finding recorded by the Election Commission and affirmed by the learned single Judge, the action of the Election Commission in disqualifying the appellant and the order of the learned single Judge do not warrant interference.
Appeals are dismissed in limine.
Interlocutory Application No.9011 of 2013 stands disposed of.
(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sunil/-
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