Patna: The Supreme Court on Wednesday deferred by a day the hearing on a plea by the Nitish Kumar led Bihar government challenging the Patna High Court's order suspending caste survey in the state. The Nitish Kumar led Mahagathbandhan government in Bihar had moved a plea in the apex court on Thursday, May 11 challenging the May 4 order of the Patna HC putting an interim stay on the caste survey in the state till July 3.
A day after the High Court's interim stay on the census, the Bihar government filed a petition in the court seeking an early hearing over the matter. However, the Patna HC dismissed the plea while maintaining that the next hearing will be held on July 3 in the matter, In its special leave petition filed in the Patna HC, the Bihar government said that stay on caste survey, it said was on the verge of completion, would cause “irreparable loss to the state and would adversely affect the entire exercise."
Also read: Bihar caste-based survey row: Nitish Kumar govt approaches Patna HC seeking early hearing
The Nitish Kumar led Bihar government filed the petition requesting the matter be heard by a bench led by the Chief Justice of the Patna High Court. Deputy Secretary of General Administration Rajneesh Kumar had filed the affidavit in the high court in this regard. It can be recalled that the Nitish Kumar led Bihar government had undertaken the caste based survey in January this year.
The caste survey was being done in two phases in the state. In the first phase, the enumerators surveyed the houses against unique identification numbers while as in the second phase of the caste-based survey had started from 15 Apr. this year and was to be completed by May 15. However, the High Court putting an interim stay on the survey has stalled the entire exercise.
The petition filed against the survey has said that the task does not come under the jurisdiction of the state government. The Nitish Kumar led Bihar government had decided to undertake the caste census in Bihar only last year when on Jun 9, 2022, a notification was issued in this regard. A budget of Rs 500 crore was approved by the cabinet for the purpose.
Meanwhile, Justice Karol, who was the Chief Justice of Patna High Court before his elevation to the Supreme Court, on Wednesday recused from hearing the plea saying he had dealt with the matter at the Patna High Court earlier.
