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RAJIV ROY
Biltu Ray @ Bilat Ray @ Bilat Prasad Yadav – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J.—Heard Mr. Dhananjay Kumar, learned counsel for the petitioner, Mr. Amit Srivastava, learned Senior Counsel with Ms. Mallika Mazumdar for the Respondent No. 6 and learned counsel for Election Commission and State.
2. The writ petition has been filed for the grant of following reliefs;—
“(i) an appropriate writ/s, order/s, direction/s in the nature of Certiorari be issued, to quash the order dated 01/04/2024 contained in memo no. 19/2023/685, passed in Case no.-19/2023, (Annexure-9) by the learned State Election Commissioner, Bihar (respondent no.-4).
(ii) for proper declaration that, the petitioner is a Citizen of India by virtue of Article 5 of the Indian Constitution, and by virtue of the same he was eligible for contesting the election.
(iii) an appropriate direction to the respondents not to interfere in the functioning of the petitioner as Mukhiya of Bhaluaha Gram Panchayat.
(iv) a other relief/reliefs petitioner found entitled in law, be granted to him.”
3. The brief facts of the case is/are as follows :
4. The petitioner got elected on the post of ‘Mukhiya’ from the Bhaluaha Gram Panchayat, Sonbarsa Block under the Sitamarhi District, Bihar, securing 2043 votes defeati
Misrepresentation in citizenship applications undermines public trust, especially for elected officials, and can lead to deprivation of citizenship under the Citizenship Act.
Caste status is determined by the state of origin, and individuals migrating to another state cannot claim benefits of reservation in the new state.
The court affirmed that obtaining a passport from another country conclusively proves voluntary acquisition of its citizenship, terminating Indian citizenship under the Citizenship Act.
The court affirmed the validity of the caste certificate of the respondent and dismissed the election petition for lack of merit, emphasizing that caste status disputes must be resolved by the Caste ....
Only Indian citizens are eligible for election as Pradhan under the West Bengal Panchayat Act, disqualifying those declared as foreigners.
The burden of proving citizenship lies with the individual claiming it, and mere oral testimony is inadequate without corroborating documentary evidence.
A minor's citizenship by birth is not affected by a parent's foreign nationality, ensuring the child's right to an Indian passport.
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