Harish Kumar, J. – Heard the parties.

2. This writ petition has been filed challenging the order dated 12.10.2022 passed by the Court of learned Sub- Judge-I, Civil Court, Benipatti, in Election Suit No. 02 of 2022, by which the learned court has allowed the Election Petition filed by Respondent No.5 herein and set aside the Election of the petitioner dated 12.12.2021 for the post of Member of Madhubani Zila Parishad Territorial Constituency No.12 and further directed the State Election Commission to conduct the Election afresh within six months from today. It has further been directed to assess the cost of fresh election and realize the same from the officials, who are responsible for the improper acceptance of nomination of opposite party no.4 (respondent no.6 herein) and to lodge an F.I.R. against the respondent no.6 for procuring forged caste certificate leading to his improper acceptance of nomination and also enquire the role of the then Circle Officer, Bisfi, Madhunbani and opposite party no.5 (petitioner herein) in the issuance of forged certificate.

3. The short facts as enumerated from the record is/are that in the year 2021 the State Election Commission has notified election for the post of member of Madhubani Zila Parishad. The date of nomination was fixed from 18.11.2021 to 24.11.2021. The scrutiny of nomination paper was on 27.11.2021 and the candidates were allowed to take back the nomination paper by 29.11.2021. The allotment of symbol to the respective candidates was made on 29.11.2021. The date of election was fixed on 12.12.2021 and the date of counting was fixed on 14.12.2021.

4. The Madhubani Zila Parishad Territorial Constituency no.12 (hereinafter referred to as ‘the Constituency No.12’)was reserved for Extremely Backward Classes and the candidates filing their nomination paper for the election must belong to Extremely Backward Classes. The petitioner having the requisite qualification and being member of Extremely Backward Class filed his nomination paper for contesting the election in the Constituency no.12. Apart from other candidates, the respondent no.6 also filed nomination paper on 20.11.2021 enclosing caste certificate bearing no. BCCCO/2021/2440584 dated 15.04.2021 issued by the Circle Officer, Bisfi, Madhubani showing his caste as “CHAI” falling under the E.B.C. category. The election petitioner (respondent no.5 herein), who filed Election Case No. 02 of 2022, also filed his nomination as member of Extremely Backward category.

5. The election was held on the scheduled date and counting of the votes commenced on 14.12.2021. Consequently, the result was announced and the petitioner has been declared as successful. It was found that writ petitioner secured 14092 votes whereas Umesh Nat (respondent no.6) and Ajay Sah (respondent no.5) secured 2387 and 12716 votes respectively. The another candidate Ajay Kumar secured 3665 votes and Dilip Kumar Mandal secured 2117 votes. The margin of the defeat of the election petitioner (respondent no.5) by the petitioner was 1376 votes. Thereafter the petitioner took oath as a returned candidate to the Constituency No.12.

6. The respondent no. 5 (Ajay Sah) aggrieved by the result of the election, filed Election Suit No. 02 of 2022 in the Court of learned Sub-Judge-I, Civil Court, Benipatti on the ground that respondent no.6 contested the election on the forged and fabricated caste certificate.

7. It is the case of election petitioner-respondent no.5 that on 27.11.2021, he filed objection before the Collector at the time of scrutiny of nomination paper of respondent no.6, mentioning therein that respondent no.6 belongs to Nat by caste, which falls in the category of Scheduled Caste, but on the basis of forged caste certificate produced by him, is contested the election for the Territorial Constituency no.12 and, thus, prayed for cancellation of the nomination of respondent no.6. The aforenoted objection is shown to be received in the office on 29.11.2021.

8. Having found