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Bihar caste survey: SC refuses to stay HC order, defers hearing
The bench noted that even the high court has said in its judgement that 80 per cent of the work related to the survey has been completed
New Delhi: The Supreme Court on Monday refused to stay the Patna High Court’s August 1 order giving the go-ahead for a caste survey in Bihar, and deferred the hearing on petitions challenging it to August 14. As soon as a bench of Justices Sanjiv Khanna and SVN Bhatti took up the plea filed by NGO ‘Ek Soch Ek Paryas’ against the high court verdict, senior advocate CS Vaidyanathan, appearing for the appellant sought adjournment of the matter, saying other petitions filed on the same issue are not listed for hearing. He requested the bench to take up the matter on August 11 or August 14.
Senior advocate Mukul Rohatgi, also appearing for the appellant, requested the bench to take up the matter on August 14, to which it agreed. Another counsel appearing for one of the appellants urged the court to order status quo ante (as things previous stood before the high court order). “What status quo? We have not even issued notice in the matter. We have not even heard you on the issue. You are actually jumping the gun.
There is no question of status quo in the matter at present,” Justice Khanna said. The bench noted that even the high court has said in its judgement that 80 per cent of the work related to the survey has been completed.
Besides the plea filed by NGO ‘Ek Soch Ek Paryas’ another petition has been filed by Nalanda resident Akhilesh Kumar, who has contended that the notification issued by the state government for the exercise is against the constitutional mandate.
Kumar’s petition says in terms of the constitutional mandate, only the Union government is empowered to conduct a census. “In the present case, the State of Bihar has sought to usurp the powers of the Union of India by merely publishing a notification in the official gazette. “It is submitted that the Notification dated June 6, 2022 is against the Constitutional mandate of distribution of powers between the State and the Union legislature as enshrined under Article 246 of the Constitution read with Schedule VIIth of the Constitution and ultra vires the Census Act, 1948 read with Census Rules, 1990 and is therefore void ab initio (since beginning),” Kumar has said in his plea, filed through advocate Barun Kumar Sinha.
