The State Election Commission has jurisdiction to determine caste disqualification under the Bihar Panchayat Raj Act, and pre-Independence documents carry significant weight in such determinations.

1. Heard learned counsel for the petitioner and learned counsels for the State Election Commission, Respondent No.7 and for the State of Bihar.

2. Both the writ applications have been filed by the same petitioner for the relief relating to the question of determination of caste of the petitioner which has led ultimately to his disqualification and having accordingly been heard together and are being disposed of by a common order at the stage of admission itself with the consent of the parties.

3. In CWJC No. 9234 of 2012 the prayer is to quash the order dated 24.4.2012 passed by the State Election Commission in Case No. 1 of 2012 by which he has held the petitioner as disqualified to hold the post of Mukhiya on the ground that he does not belong to Extremely Backward Caste of ‘Shekhra’ but belongs to the ‘Sheikh’ caste and consequently declared that the post held by the petitioner shall be treated as vacant for which steps shall be taken to fill up the post in accordance with law.

4. In CWJC No.8544 of 2012 the prayer made by the petitioner is to quash the order dated 12.3.2012 passed by the District Magistrate, Banka by which he has affirmed the order dated 24.4.2011 passed by the Circle Officer, Bounsi cancelling the caste certificate of the petitioner.

5. The short facts leading up to the present matters are that the petitioner who was already holding the post of Mukhiya on the basis of Panchayat Election held in the year 2006 of Gram Panchayat, Kairy again filed his nomination paper for the General Election to the Panchayat in the year 2011 for the same post. Respondent No.7 who was also a candidate in the said election raised objection stating that the petitioner belonged to the ‘Sheikh’ caste which was not categorized in the Extremely Backward Class. The District Election Officer-cum-District Magistrate, Banka on such objection directed the Circle Officer, Bounsi to send the report by his letter dated 22.4.2011. The Circle Officer by his letter dated 26.4.2011 addressed to the Returning Officer, Panchayat Election, Bounsi and the Block Development Officer, Bounsi stated that the petitioner had wrongly got the caste certificate of ‘Shekhra’ although on the basis of Khatian he belonged to ‘Sheikh’ caste and therefore his caste certificate was cancelled in terms of the power conferred upon him by General Administrative Department’s letter No.673 dated 8.3.2011 requesting him to take appropriate steps in the matter.

6. The petitioner’s grievance is that the Circle Officer did not give him any notice or an opportunity of being heard before cancellation of his certificate of Extremely Backward Class. The petitioner, however, in the meantime, since the nomination of the petitioner had already been accepted had contested the election on the post of Mukhiya of the Gram Panchayat and was declared elected. After the said election one Sanjay Sah filed an Election Petition on 30.7.2011 before the Munsif, Banka in which respondent No.7 Rijwan Ansari was also made party respondent. Subsequently respondent No.7 filed a complaint before the State Election Commission on 14.12.2011 under Section 136 of the Bihar Panchayat Raj Act praying to declare the petitioner as disqualified for the post of Mukhiya since he did not belong to Extremely Backward Class for which the post in question has been reserved. In the said case the State Election Commission directed the District Election Officer-cum-District Magistrate to give full opportunity to both the parties and thereafter submit an appropriate, speaking and clear substantial report to the Commission. The District Magistrate after hearing the parties including the petitioner passed the impugned order dated 12.3.12 and on the basis of the materials on the record and after looking into the old Khatian in the name of the grandfather of the petitioner in which the caste was mentioned as ‘Sheikh’ came to the conclusion that the petitioner did not belong to ‘Shekhra’ caste and thus he has affi