Sarita Devi v. The State Election Commission And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6555 of 2016 ====================================================== Sarita Devi, wife of Sri Birendra Pandit, village Godiyar, P.S. Parasi, District Arwal .... .... Petitioner/s

Versus

1. The State Election Commission through it's Secretary Sone Bhawan, Beer Chand Patel Path, Patna(Bihar)

2. The Principal Secretary, Panchayat Raj, Department Government of Bihar, Patna

3. The District Magistrate cum District Returning Officer DistrictArwal

4. The Returning Officer cum Block Development Officer-Kaler, District Arwal .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Prasad Singh, Adv. For the Respondent/s : Mr. U.S.S. Singh, G.P.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-04-2016 Heard learned counsel for the parties.

The nomination of the petitioner has been rejected on grounds that the caste certificate did not accompany the nomination which was declared reserved for the Extremely Backward Category.

Learned counsel for the petitioner relies upon a caste certificate dated 14.6.2015 to submit that the nomination was incorrectly rejected but the rejection order present at Annexure-1 shows that although the nomination was filed on 11.3.2016 but the caste certificate was issued thereafter on 14.3.2016 which was the date fixed for scrutiny and hence it could not have accompanied

Patna High Court CWJC No.6555 of 2016 (2) dt.11-04-2016 2/2 the nomination form.

No ground for indulgence is thus made out and the writ petition is accordingly disposed of. The petitioner if so advised, may take recourse to the remedy of election dispute for the grievance raised by raising all issues as raised herein before the proper forum.

(Jyoti Saran, J) Bibhash/- U