SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The short point which arises for consideration in these petitions is as to whether the following three fold test, as elucidated by a Bench headed by Hon'ble Dr. Justice D.Y. Chandrachud vide order dtd. 19/9/2022 passed in Sunil Kumar v. The State of Bihar and Ors.1 stands followed and complied with in the conduct of election to the numerous "Municipalities" in the State of Bihar or not?

(2.) The test is based on the principles enunciated by Hon'ble the Apex Court in Sunil Kumar Special Leave to Appeal (C) No(s). 16081/2022; K. Krishna Murthy and Ors. v. Union of India and Ors. (2010)7 SCC 202; Vikas Kishanrao Gawali vs. State of Maharashtra (2021) 6 SCC 73,; (4) Suresh Mahajan v. State of M.P., 2022 SCC OnLine SC 589; Rahul Ramesh Wagh vs. The State of Maharashtra, Special Leave to Appeal (C) No)s). 19756/2021; Manmohan Nagar v. The State of Madhya Pradesh, SLP (C) No. 20734/2021.

(3.) If the finding of this Court is that the triple test condition is not complied with, the seats reserved for OBC/EBC Category shall be declared as open category seats and elections to the said seats will be carried out in that effect.