IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15335 of 2009
Bharat Sah, son of Jagdish Sah, village Kakraul, PS Rahika, Dist.
Madhubani - Petitioner.
Vs.
1) The State of Bihar,
2) The Chairman, Bihar State Election Commission, Bihar, Patna.
3) The Registrar, Civil Court, Madhubani.
4) The Dist. Magistrate cum Dist. Election Officer, Madhubani.
5) The B.D.O. cum Block Election Officer, Rahika, Madhubani.
6) The Election Officer cum Circle Officer, Rahika, Madhubani.
7) The Block Election Supervisor, Rahika, Madhubani.
8) Ram Bharos Roy son of Hau Roy, village Mahinathpur, Gram
Panchayat Raj Kakraul North, PS Rahika, Dist. Madhubani -
Respondents.
3 27.9.2011
Heard learned counsel for the petitioner and the State.
The petitioner has challenged the order, dated
7.10.2009 passed in Election Case No. 6/2006. The writ petition
has basically become infructuous as now a fresh election has
already taken placed. The petitioner is only aggrieved by that part
of the order by which he has been declared to be Halwai by caste
which came under Annexure II earlier. At present it comes under
Annexure I.
Counsel for the petitioner submits that Kanu is a sub-
caste of Halwai. However, Kanu comes within the extremely
backward category under Annexure I whereas Halwai comes
within the backward category i.e. Annexure II. The petitioner has
not been able to show either by oral evidence or by documentary
evidence that he was Kanu by caste and as such the court below
has set aside his election.
This court cannot interfere with the order impugned
as far as the declaration of the caste is concerned.
2
This writ petition is accordingly disposed of.
haque ( Sheema Ali Khan, J .)