Renu Devi v. The State Election Commission And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6515 of 2016 ====================================================== Renu Devi, wife of Shri Sunil Sao, resident of village-Masuda, P.S. Kaler, District-Arwal .... .... Petitioner/s

Versus

1. The State Election Commission through its Secretary Sone Bhawan, Birchand Patel Path, Patna (Bihar)

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

3. The Collector-cum-District Returning Officer, District-Arwal

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

For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the Respondent/s : Mr. Rajiv Kr Singh, GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-04-2016 The petitioner is aggrieved by cancellation of her nomination by virtue of incorrect issuance of caste certificate. Mr. Arvind Prasad Singh, learned counsel for the petitioner with reference to a caste certificate dated 27.2.2016 present at Annexure-3 submits that initially an incorrect caste certificate was issued by the Circle Office and which has been corrected on 16.3.2016 vide Annexure-4. However, the nomination was rejected prior thereto on 14.3.2016 and hence this writ petition.

In my opinion the admission of the petitioner itself manifests that the nomination paper was accompanied with an allegedly incorrect caste certificate present at Annexure-3 and thus

Patna High Court CWJC No.6515 of 2016 (2) dt.11-04-2016 any rectification thereof vide Annexure-4 on 16.3.2016 would be of no avail to the petitioner in the circumstances that the scrutiny had taken place on 14.3.2016. No ground for indulgence is made out in writ jurisdiction and the petitioner, if so advised, may take recourse to the forum so available to her in law to raise her grievance by way of election dispute.

The writ petition is disposed of.

(Jyoti Saran, J) S.Sb/- U