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2023 Supreme(Pat) 293

RAJIV ROY
Khushboo Ara – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s S.B.K. Manglam, Awanish Kumar, Kumar Gaurav.
For the State : Mr. Kumar Alok, SC 7.
For the S.E.C. : M/s Sanjeev Nikesh, Girish Pandey.

Rajiv Roy, J.—Heard learned counsel for the parties.

2. The petitioner has challenged the order dated 27.03.2023 passed by the respondent no. 8, the State Election Commissioner, Bihar, Patna in Case No. 43 of 2021 communicated vide memo no. 1000 dated 27.03.2023 by which she has been disqualified to hold the post of ‘Mukhiya’ of Gram Panchayat Raj, Bishariya under Bhargama Block in the District of Arariya on the findings arrived that she belongs to ‘Sheikh’ caste and not ‘Sheikhra’ caste and thus is not a member of Extremely Backward Class.

3. The matrix of facts giving rise to present present writ petition is/are enumerated hereinbelow.

4. The petitioner claims herself to the caste belonging to the extremely backward class (Sheikhra Caste) who contested the 2016 election for the post of ‘Mukhiya’ of Bishariya Gram Panchayat reserved for the female extremely backward class and was declared elected.

5. Subsequently, a complaint was filed against her before the State Election Commission (henceforth for short ‘the Commission’) under section 136(2) of the Bihar Panchayat Raj Act, 2006 (henceforth for short ‘the Act’) to declare her disqualified to hold the post of ‘Mukhiya’ from Bishariya

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