Brijesh Kumar, J. (for Khare, C.J.I. and himself) -- The instant appeal arises out of a judgment and order passed by the Patna High Court, dismissing Election Petition No.2 of 2000 preferred by the appellant, challenging the election of the respondent herein, Dinesh Chaudhary, the returned candidate to the Legislative Assembly.

The dispute relates to the election held in 204, Fatua Reserved Assembly Constituency (SC) in the State of Bihar, in the year 2000. The appellant, amongst others in the fray, was a candidate for the election as a nominee of Janata Dal (U). He belongs to a Scheduled Caste. The respondent Dinesh Chaudhary was a nominee of Janata Dal (R) claiming to be belonging to the Pasi community which is one of the Scheduled Caste communities. It appears that some objections were raised regarding the nomination of the respondent Dinesh Chaudhary on the ground that he does not belong to the Scheduled Caste community; rather, he is Kurmi by caste which falls in the category of Other Backward Classes. The caste certificate furnished by the respondent before the Returning Officer was also under a cloud, in respect whereof, the Returning Officer entertained g