BABITA BALMIKI Vs. AMRIKA BAI

JUDGEMENT

(1.) The election of Mayor, Municipal Corporation, Korba and Councillors of all the wards of Municipal Corporation, Korba including Ward No.7 was held on 29-12-2014. The petitioner herein / returned candidate and respondent No.4 herein / the election petitioner also contested the election for the post of Councillor from Ward No.7, which was reserved for Scheduled Caste (Woman). The petitioner was declared elected on 4-1- 2015 against the seat reserved for Scheduled Caste (Woman).

(2.) The election petitioner / respondent No.4 herein in order to question the election of the returned candidate / petitioner herein filed election petition under Section 441 of the Chhattisgarh Municipal Corporation Act, 1956 (for short 'the Act of 1956'), stating inter alia that Ward No.7 is reserved for Scheduled Caste (Woman) and the returned candidate / petitioner herein does not belong to Scheduled Caste and on the basis of forged provisional caste certificate, her nomination was accepted and she was declared elected, and therefore, her election from Ward No.7 as Councillor be declared void and the election petitioner be declared elected as Councillor from Ward No.7 of Municipal Corporation, Korba. Issues were framed on 26-11-2015, thereafter, the returned candidate filed an application under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure, 1908, stating inter alia that the returned candidate/petitioner has won the election by submitting forged caste certificate and verification of caste can be done only by the High Power Certification Scrutiny Committee constituted under Section 7 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short 'the Act of 2013') and therefore, the election petition as framed and filed is barred by law and the election petition be dismissed as not maintainable.

(3.) The election petitioner filed her reply opposing the said application stating inter alia that the same has been filed to stall the hearing of the election petition and the election petition as framed and filed under Section 441 of the Act of 1956 is maintainable in law and as such, the said application deserves to be dismissed.