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2023 Supreme(Pat) 688

RAJIV ROY
Manoj Prasad – Appellant
Versus
State Election Commission (Panchayat) – Respondent


Advocates appeared:
For the Petitioner: M/s S. B. K. Mangalam, Awnish Kumar.
For the Resp. No.4 : M/s Amit Srivastava, Sr. Adv., Santosh Bharti, Apurva Kumar.
For the State : Mr. Sanjay Kumar Ghosarvey.
For the Election : M/s Sanjeev
Commission Nikesh, Girish Pandey.

Rajiv Roy, J. – Heard Mr. S.B.K. Mangalam, learned counsel for the petitioner, Mr. Amit Srivastava, learned Senior counsel for the respondent no. 4, Mr. Sanjay Kumar Ghosarvey, learned AC to AAG -3 for the State and Mr. Sanjiv Nikesh for the State Election Commission, Bihar.

2. The petitioner has moved this Court for: –

(i) the issuance of an appropriate writ in the nature of certiorari for quashing of the order dated 15.07.2022 passed by the Respondent no.2, the State Election Commissioner in Case No.72 of 2022 (Santosh Kumar vs. The State of Bihar and others) communicated to him vide memo no. 2900 dated 26.07.2022, whereby and whereunder the Respondent no.2 has referred the matter to the Caste Scrutiny Committee for determination of the caste of the petitioner when a complaint was filed before him by the Respondent no.4 to disqualify the petitioner from holding the post of ‘Mukhiya’ of Gram Panchayat Raj, Bagahi Baghambarpur under Section 136 (2) of the Bihar Panchayat Raj Act, 2006 (henceforth for short ‘the Gram Panchayat Act’);

(ii) for issuance of any other appropriate writ

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