1. The writ petition has been filed for quashing the order contained in memo no. 580 dated 30.6.2008 passed by the District Magistrate, Madhubani (Respondent No. 2) by which he has held that the petitioner belongs to Halwai caste and not Kanu caste for which he had earlier been granted a caste certificate. The petitioner has further challenged the order dated 28.7.2008 (Annexure-7) passed in Case No. 1/2008 by the State Election Commissioner (Respondent No. 3) by which he has declared the petitioner as not qualified to hold the reserved post meant for extremely backward class on the basis of the order dated 30.6.2008 passed by the District Magistrate, Madhubani and directed for filling up of the post in accordance with law.

2. The brief facts of this case are that the petitioner contested the election to the post of Mukhiya of Khutauna Gram Panchayat. The petitioner claiming to belong to Kanu caste, obtained caste certificate from the Circle Officer, Khutauna bearing No. 621 dated 10.2.2001 and on the basis of the same the Sub-Divisional Officer issued certificate No. 267 dated 24.7.2003 and the District Magistrate issued certificate No. 904 dated 26.7.2003 stating that th