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2023 Supreme(Pat) 655

RAJIV ROY
Palak Bharti – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Rohit Kumar Tripathi.
For the Resp. no.9 : Mr. Vijay Kumar Singh.
For the State : Mr. Prem Ranjan Rai, AC to SC 7.
For State Elections : M/s Sanjeev
Commission Nikesh, Girish Pandey.

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

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