Mohammad Shahbaz Ali @ Md. Shahbaz Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1074 of 2020 ====================================================== Mohammad Shahbaz Ali @ Md. Shahbaz Ali S/o Late Serajul Ali, resident of Pirpainti Bazar, P.S. Pirpainti, District- Bhagalpur. ... ... Petitioner

Versus

1.

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

2.

The State Election Commission through the State Election Commissioner, Sone Bhawan, Beer Chand Patel Marg, Bihar, Patna. 3.

The District Maigstrate cum District Election Officer, Bhagalpur. 4.

The Block Development Officer, Pirpainti, District- Bhagalpur. 5.

Rukhsar Khaoon, W/o Niyazuddin, resident of Village- Danapur, P.S. Pirpainti, District Bhagalpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar Jha, Advocate Mr. Tarun Prasad Mandal, Advocate For the Respondent State:

Mr. Manish Kumar, Ac to AAG-6 For the S.E.C. :

Mr. Amit Shrivastava, Advocate Mr. Sanjeev Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-01-2020 The petitioner has questioned the caste certificate of respondent No. 5, issued under the signature of Circle Officer, Pirpainti, in the district of Bhagalpur on 09.03.2016, based on which she has been elected as Member of Panchayat Samiti of Pirpainti. It is the petitioner's case that the caste, to which she belongs, does not come within the list of Extremely Backward Class. It is accordingly the petitioner's case that her election as Member of Panchayat Samiti is illegal.

The nature of grievance, which has been raised by the petitioner, cannot be looked into the present proceeding under

Patna High Court CWJC No.1074 of 2020(2) dt.18-01-2020 2/2 Article 226 of the Constitution of India. The petitioner shall be at liberty to approach appropriate authority/forum seeking the relief which he is seeking in the present application on the grounds mentioned in the present writ application. This application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U