1. Heard learned counsel for the petitioner and learned counsels for the respondent State Election Commission, for the State and for private respondent No.7.

2. The petitioner seeks quashing of the order dated 31.10.2012 passed by the State Election Commissioner in Case No. 129 of 2011 by which he has declared the petitioner as disqualified under Sections 135, 136(2) of the Bihar Panchayat Raj Act, 2006, read with Rule 117 of the Bihar Panchayat Election Rules and has further held that the post shall be treated as vacant and steps shall be taken to fill it up.

3. The petitioner claims to be Momin by caste and a member of the Extremely Backward Class for which he was issued Extremely Backward Class Certificate dated 19.2.2010 by the District Magistrate, Banka on the basis of the report of the Sub-Divisional Officer, Banka. The petitioner contested the election on the post of Mukhiya of Gram Panchayat Kath Bangaon which was a reserved seat for the members of Extremely Backward Class. Subsequently the petitioner was declared elected defeating the respondent No.7 in the said election. The respondent No.7 filed a complaint under Section 136(2) of the Bihar Panchayat Raj Act,