Rajiv Roy, J. – Heard the parties.

2. The petitioner has preferred the present petition for the following reliefs: –

(i) for issuance of an appropriate writ / order / direction quashing the order dated 08.01.2018 passed by the respondent-State Election Commissioner, Bihar in case no. 65/2017 by which he has declared the petitioner as disqualified under section 136 (2) of the Bihar Panchayat Raj Act, 2006 (henceforth for short ‘the 2006 Act’) and also has directed the Respondent District Magistrate, West Champaran, Bettiah to cancel the caste certificate issued to the petitioner;

(ii) further prayer is for issuance of an appropriate writ/order/direction staying the operation of the order dated 08.01.2018 and also restraining the Respondent District Magistrate from canceling the caste certificate of the petitioner during the pendency of this writ application.

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

4. The petitioner, Palak Bharti contested and was elected “Mukhiya” of Gram Panchayat Raj Kolhua Choutarwa in Block- Bagaha-1 in the district of West Champaran, on the Scheduled Caste female seat.

5. One Nand Kishor Ram (respondent no. 9) submitted an application before the State Election Commissioner, Bihar, Patna stating therein that the petitioner belongs to Scheduled Tribe category as she is daughter of Budhai Mahto, who belongs to ‘Tharu’ caste which comes under the Scheduled Tribe category.

6. The State Election Commissioner referred the said complaint to the District Magistrate, West Champaran on 02.03.2016 and sought a report on the matter (Annexure-3 series to the writ petition).

7. Subsequently, the District Magistrate, West Champaran directed the Sub-Divisional Officer, West Champaran vide letter no. 364/panchayat/Bettiah dated 30.06.2017 asking him to submit an enquiry report.

8. Pursuant thereto, enquiry was held and the Circle Officer, Gaunaha vide letter no. 1169 dated 18.09.2017 submitted a report stating that the father of the petitioner, namely, Budhai Mahto belongs to ‘Tharu’ caste which comes under the Scheduled Tribe category. It was further informed by the Circle Officer, Gaunaha that the caste consideration of a person is on the basis of the caste of the father.

9. The said report was forwarded by the Sub-Divisional Oficer, Narkatiyaganj vide letter no. 465 dated 18.10.2017 with his own observation that normally the caste of a person is fixed on the basis of the caste of his/her father.

10. The Collector, West Champaran, Bettiah thereafter vide letter no. 126/panchayat dated 24.10.2017 submitted its report to the Joint Secretary, State Election Commissioner in which it was informed that the enquiry report of the Sub-Divisional Officer, Narkatiyaganj, Land Reforms Deputy Collector, Narkatiyaganj is/are being forwarded for necessary action. The State Election Commission (henceforth for short ‘the Commission’) thereafter put the petitioner and the respondent no. 9 on notice and the proceedings in case no. 65 of 2017 started.

11. On 08.01.2018, vide a reasoned order, ‘the Commission’ came to the conclusion that the father of the petitioner, Budhai Mahato belongs to ‘Tharu’ caste which comes under Scheduled Tribe category. Accordingly, the caste of the petitioner (Palak Bharti) will also be that of the Scheduled Tribe (‘Tharu’ caste). As such, her election to the post of ‘Mukhiya’ on a female Scheduled Caste seat is not valid.

12. Thus, under Bihar Panchayat Raj Act, 2006 under Section 136 (2) of ‘the 2006 Act’ the petitioner was declared disqualified as the ‘Mukhiya’ of Gram Panchayat Raj Kolhua Choutarwa in Block- Bagaha-1 in the district of West Champaran and the seat was declared vacated.

13. Simultaneously, the District Magistrate-cum- District Election Officer (Panchayat), West Champaran was also directed to take steps for the cancellation of the caste certificate of the petitioner (Annexure-8 to the writ petition).

14. Aggrieved, the present petition was preferred by the writ p