Justice Partha Sarthy sets aside proceedings of Caste Scrutiny Committee and order by State Election Commission, Bihar

In Md. Isa vs.The State of Bihar through Additional Chief Secretary, Panchayati Raj Department, Government of Bihar & Ors. (2026), Justice Partha Sarthy of Patna High Court delivered a 31-page long judgement dated August 14, 026, wherein, he concluded:"51. In view of the facts and circumstances of the
case, taking into consideration the report dated 31.12.2024 of the three member Committee constituted on the directions of the Criminal Investigation Department (Weaker Section) finding the petitioner to be belonging to Teli (Muslim) caste on the basis of the oral and documentary evidence discussed in detail therein and the contents of the report dated 4.3.2025 of the Committee, this Court is of the opinion that both the Caste Scrutiny Committee in its report dated 4.3.2025 as also the State Election Commission in its order dated 25.6.2025 passed in Case no.56 of 2023 committed an error in applying Act of 1991 as also Amending Act 15 of 2003 in the case of reservation to the post of Mukhiya. 52. In view of the facts and circumstances of the case, the proceedings of the Caste Scrutiny Committee dated  28.3.2025 contained in memo no.6574 dated 11.4.2025 as also the order contained in memo no.2876 dated 25.6.2025 passed in Case no.56 of 2023 (Subhash Kumar vs. Md. Isa) by the State Election Commission, Bihar both being unsustainable are hereby set aside. 53. The writ application is allowed."

It was against the Caste Scrutiny Committee proceeding dated March 28, 2025 contained in memo dated April 11, 2025 and the order dated June 25, 2025 passed in Case of 2023 of the State Election Commission that the petitioner had filed the writ application. The case of the petitioner was that in the election held in the year 2021, he was elected on the post of Mukhiya of Gram Panchayat Raj Sahuria. A complaint was filed by respondent no.9 before the State Election Commission praying for disqualifying the petitioner on the ground that the seat on which the petitioner had been elected was reserved for Extremely Backward Class (EBC) while the petitioner who belonged to Sheikh community had fraudulently obtained a caste certificate of EBC wrongly showing himself to belong to the caste of Teli (Muslim). Upon the direction of the Criminal Investigation Department (Weaker Section), a three member Enquiry Committee enquired into the caste of the petitioner and submitted its report dated December 31, 2024 according to which it confirmed that the petitioner belonged to Teli (Muslim) caste. The petitioner received a show cause dated February 7, 2025 asking him to respond to the report dated December 31, 2024. The petitioner had submitted his reply on March 4, 2025. Another report dated March 28, 2025 contained in memo dated April 11, 2025 came to be submitted by the three member Caste Scrutiny Committee wherein the claim of the petitioner for reservation in the EBC category on account of belonging to Teli (Muslim) caste was rejected. 

The Commission had proceeded with the Case of 2023 registered on the complaint filed by Subhash Kumar, the respondent no.9 and passed order contained in memo dated June 25, 2025 under the signature of the State Election Commissioner, Bihar holding that the petitioner was not a permanent resident of the State of Bihar and thus was not entitled for reservation on the ground of the illegal caste certificate. Thus his election as a Mukhiya was not proper and as a result he is removed from the said post. It was further ordered to recommend action against the concerned State employee who had issued the incorrect caste certificate to the petitioner.