Smt. Kiran Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5992 of 2016 ====================================================== Smt. Kiran Kumari, wife of Shailendra Kumar, resident of village Karn Kudariya, Block Masharakh, P.O. Doomarshan Bangra, District Saran at Chapra .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The State Election Commissioner, State of Bihar, Patna

3. The Principal Secretary, Panchayati Raj, Govt. of Bihar, Patna

4. The District Magistrate, Saran

5. The Distsrict Panchayat Raj Officer, Saran

6. The Block Development Officer, Masharakh, Saran

7. The Circle Officer, Masharakh, Saran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Pandey, Adv. For the Respondent/s : Mr. Rajiv Kr. Singh- GP2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-04-2016 Heard learned counsel for the parties.

The petitioner is aggrieved by the rejection of his nomination papers. It is not in dispute that the seat is reserved for Backward Class Category and the petitioner claiming to belong to Backward Class claims a right to file nomination. Mr. Girish Pandey with reference to the definition of 'Backward Class' as found in Section 2(b) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') submits that that the Backward Class under 'the Act' means 'people belonging to Extremely Backward Class' in terms of the provisions of 'the Act'. He thus submits that the petitioner admittedly, does not

Patna High Court CWJC No.5992 of 2016 (2) dt.01-04-2016 2/2 belong to the Extremely Backward Class Category under the said Act, the nomination has rightly been rejected. No cause for indulgence is made out. The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U