The Bihar Government on May 6 appealed the Patna High Court to ‘dispose-off’ the case of caste-based survey as soon as possible. The State Government had filed a petition for preponing next date of hearing that was fixed on July 3.
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On May 4, the Patna High Court stayed the caste-based survey in its interim order while hearing a petition challenging and seeking an interim stay on the caste survey in Bihar. A Division Bench of Chief Justice K.V. Chandran heard the petition filed by Akhilesh Kumar and others directed the government to immediately stop the caste-based survey and ensured that the data already collected are preserved and secured. The court also asked not to share the data with anybody till the final orders are passed.
Accepting the plea of Bihar Government, the Patna High Court fixed the new date of hearing on May 9, 2023. Earlier, the court has held that the State lacks legislative competence to hold the caste-based survey and thus the executive would not have competence to do the caste-based survey.
“Though order date 04-05-2023 is seemingly an interim order, however, it has finally adjudicated the issue under consideration. Hence, writ petitions have in effect and substance has finally decided, practically no issue remains to be adjudicated. Hence, it would be in the ends of justice that writ petitions are disposed-off as no meaningful purpose would be served in keeping the writ petition pending,” Bihar Government said in the interlocutory application filed in the Division Bench of Chief Justice K.V. Chandran and his companion Justices of the High Court.
Earlier, advocate Dinu Kumar, Ritu Raj and Abhinav Srivastava on behalf of the petitioners, and advocate General P.K. Shahi on behalf of the State had presented the parties before the court.
Mr. Dinu Kumar had categorically told the court that the State Government was misusing the contingency fund and the right to conduct surveys is beyond the jurisdiction of the State Government. Mr. Shahi on the other hand had said that a survey was being conducted to make plans for public welfare and to improve the social level.
The first phase of the survey, which involved houselisting exercise, was carried out from January 7 to January 21 and the second phase began on April 15 and was supposed to be concluded on May 15.
Soon after the court order, the Opposition Bharatiya Janata Party (BJP) had hit out at the Nitish Kumar Government saying that it was a big failure as the government could not convince the court. BJP had also demanded the resignation of Mr. Nitish Kumar.
Sources in the government said that the State Government has made the plea to dispose-off the case so that the State Government can approach the Supreme Court with fresh application. Soon after the interim order of the Patna High Court, the State government was mulling over to approach the Supreme Court. Even deputy Chief Minister Tejashwi Prasad Yadav has hinted towards it when the stay order was pronounced.
Mr. Tejashwi had stressed that the State Government always had the option to appeal in the higher court.
