RAJKUMARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner challenges the legality and validity of the impugned order dated 11.4.2005 (Annexure P/1) passed by the Sub-Divisional Officer (R), Pratappur, District Surguja, whereby the election of the petitioner on the post of the Sarpanch, Gram Panchayat, Kenwra, Tahsil Pratappur, District Surguja was set aside and the respondent No. 5 was declared as elected Sarpanch, unopposed.

(2.) THE indisputable facts, in nutshell, are that the post of the Sarpanch in Village Panchayat, Kenwra is reserved for Scheduled Tribes candidate (hereinafter referred to as "ST"). THE petitioner, on the basis of his caste certificate produced by the State of Bihar and such being a member of ST community, filed nomination and despite the objection raised by the respondent No. 5, was allowed to contest the election and was declared as elected.

(3.) BEING aggrieved, the petitioner has filed this petition on the ground that the dispute with regard to the caste of the petitioner cannot be decided either by the Sub-Divisional Officer or by any other Revenue authority.