The Genuineness of a Caste claim has to be considered on a thorough examination of the documents and also on the affinity test which would include the anthropological and ethnological traits etc- High court of Patna
The Genuineness of a Caste claim has to be considered on a thorough examination of the documents and also on the affinity test which would include the anthropological and ethnological traits etc- High court of Patna
TITLE-Khushboo Vs The State of Bihar &ors.with Khushboo Vs The State of Bihar
Decided on-19/12/2023
+L.P.A No.881/2023 with C.W.J.C No.202/2022
CORAM-HON’BLE JUSTICE MR.ASHUTOSH KUMAR AND HON’BLE JUSTICE NANI TAGIA
FACT
As both the appeal have been taken together are disposed off by this common Judgement.The Appeal has been filed against the judgement passed by the learned Single Judge and whereby the order passed by the state election commission Patna has been upheld.The appellant stood disqualified for the reason not belonging to EBC category (Sheikhra ) on which she was returned elected as Mukhiya.As The Appellant as a period Sheikhra caste, one of the most backward categories contested elections for the post of Mukhiya in the year 2016 from a Gram Panchayat which was reserved for Female EBC category and she was declared elected but the runner-up candidate got a complaint against Appellant with the state Election Commission as she did not qualifications for contesting elections which was reserved for Female EBC contestant.Then the complainant was given to caste scrutiny committee for the report.The committee gave show cause notice to the appellant which she replied bhut the committee came to find that she belongs to Sheikh caste (UR).The state Election Commission thereafter declared the appellant to be disqualified on account of the finding recorded by the caste scrutiny committee.Then finding of the caste scrunity committee was challenged by the appellant were High court after quashing the finding of caste scrutiny committee remanded committee to pass a fresh order in accordance with law after furnishing all materials and evidence.While this was going on, 2021 election were notified by the commission again Appellant procure the Sheikhra caste certificate and contested the election for the post of Mukhiya.Panchayat which still remained reserved for EBC category. Meanwhile the appellant was noticed by the Caste scrunity committee as directed by the High court and after serving the document that the appellant belonged to Sheikh And not Sheikhra Caste and this decision is challenged which fallen for the consideration.Then the Appellant challenged the Ground under the Khatiyan before the Learned single judge.The LPA was arises out if the decision of the learned Single Judge Were learned single Judge held that the commission has rightly gone by the repost submitted by the facts finding body and the Caste Scrunity Committee also had relied upon Khatiyan documents to base it’s decision upon.Where the learned single Judge do not find any thing to interfere
Law Involved/ Legal Provisions
As the Latter Patent Appeal was filed against the Judgement passed by the learned single judge and C.W.J.C has been filed by the appellant seeking quashing of the proceedings of State Level Caste Scrunity Committee.
Issue framed
Whether the order passed by the learned Single Judge and the state level caste scrunity committee is valid
The Court analysis and decision
As per the Hon’ble court after hearing both the parties observed and state that the front the records that the father ,Husband and other relatives of the appellant possess a certificate of Sheikhra Caste but the Khatiyani Document in the name of Grandfather of the appellant records that he was of Sheikh caste which is an unreserved category.On a carefull reading of the documents considered opinion that the Caste Scrunity Committee to rely upon the Khatiyani Document as the main Document got determining the Caste of the appellant for the purpose of assessing her qualification to contest the elections is correct and Justified.The Khatiyani Document of the Grandfather would come within the category of impeachable document and merely because some of family members including her father and husband have reaped advantage of EBC would not render a document of old antiquity to be impeachable and untrustworty.The court Uphold the decision of the caste scrutiny committee,the state Election Commission and of the learned single judge.The court also hold that the Genuineness of a Caste claim has to be considered on a thorough examination of the documents and also on the affinity test which would include the anthropological and ethnological traits etc. of the appellant.The burden of proving the Caste claim is always upon an applicant who has to produce all the requisite documents in support of his claim.The Caste Scrunity Committee merely perform the role of verification of the claim and only scrutinize the documents and materials produced by the appellant.The reason given by the two authorities and the learned single Judge is quite cogent,clear and succinct and there does not appear to be nay pretence of rubber stamp reasons.Both C.W.J.C and LPA are Thus Dismissed without any cost.
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