Case: Sunil Kumar Paswan vs the State of Jharkhand
Excerpt
Sunil Kumar Paswan, a 45-year-old, is elected as mayor, but, his caste certificate got cancelled. As per the Municipal Corporation, the Petitioner is not qualified under Rule 3.16 of Jharkhand Municipality under Representative (Discipline and Appeal) Rules, 2020.
Brief Facts
Sunil Kumar is a native of Giridih District. He has completed his education in elementary school. He is a BA graduate. He has a local resident certificate and caste certificate provided by Giridih District Administration. He was always interested in community service and welfare work, so he participated in the election for the post of mayor. The caste certificate issued in favour of the petitioner under the reserved category. The post reversed for only women in Sirsiya Panchayat. But later on, it became a part of Giridih Municipal Corporation. When the Petitioner got selected, his caste certificate got cancelled. On this note, the Petitioner filed a writ petition to challenge its orders.
Petitioner’s Arguments
The Petitioner gave the statement that he had issued a caste certificate thrice. Also, the permanent residential certificate in favour of his whole family. Furthermore, the Petitioner submitted that in 2005, he participated in the Panchayat Samiti. At that moment he issued a fresh caste certificate. The same was never questioned for the issuance of caste certificates. The Caste Scrutiny Committee has got no authority to cancel the caste certificate of the Petitioner. Sunil Kumar submitted that he belongs to a ‘Dusadh’ caste. Dusadh comes under Schedule Caste (SC). He presented that there is no debate on the caste of the applicant. The result of the election for the post of Mayor declared and finally he was the “returning candidate”. The election held in view of Nagarpalika Election Rules. He said that this all has done by manipulating other candidates at his back. All the actions were intentional and mala fide or malice in law. The other candidates wanted to snatch the elected seat.
Respondent’s Arguments
The Respondent stated that the Petitioner was a native of Giridih District, which means the Petitioner shifted from one district to another in the same state. Every district has its own Municipal Corporation, so the Petitioner can’t be mayor of Giridih District. Further added, the father lived in the village of Manhar, District Vaishali in the State of Bihar. He said that his father came to Giridih during the unified state of Bihar in 1985. The petitioner never disclosed that his father was residing in Giridih District.
Court’s Observation
It clarified that the person who migrates from one origin to another State for education or employment will consider SC/ST of his origin. It will be entitled to derive enjoyment from the State of origin and not from the State to which he has migrated. The documents the petitioner was required, have not been disclosed.
Court’s Decision
The Petitioner needed to provide documents of his father was of the origin of Manhar Village within the District of Vaishali (Bihar). No relief extends to the petitioner. The issue of caste certificate and disqualification are two different issues, for which the petitioner is required to challenge it one by one. The petition was dismissed.
Click here to view the Judgement.
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