Rajesh Prasad v. The State Of Bihar And ORS

Patna High Court CWJC No.2391 of 2016 (2) dt.11-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2391 of 2016 ====================================================== Rajesh Prasad S/o Moti Prasad, resident of village-Kuchaikot, P.S. Kuchaikot, District-Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna

2. The Bihar State Election Commissioner, Son Bhawan, Bihar, Patna

3. The District Magistrate cum Election Officer, Gopalganj, DistrictGopalganj

4. The B.D.O. cum Election Officer, Kuchaikot Block, District-Gopalganj

5. The C.O. Kuchaikot Block, District-Gopalganj .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Harendra Prasad For the Respondent/s : Mr. Nasim Yahya, GP-13 For the State E.C. : Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-02-2016 Heard the parties.

The grievance of the petitioner is that 771 persons belonging to Kamker caste have been shown to be belonging to the Scheduled Tribe category under the 2011 census which according to the petitioner was published in 2013.

A challenge to a caste cannot be by way of a writ petition and the remedy for the petitioner would be before the authority concerned and if so advised, he may take recourse thereto. No cause for indulgence is made out.

The writ petition is disposed of.

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