SUNITA Vs. KRISHAN LAL

JUDGEMENT

(1.) The question that has arisen for consideration in this petition under Article 227 of the Constitution is whether a lady belonging to a Rana Rajput caste (a forward caste), after marriage to a member of a Jatav caste (a Scheduled Caste) belongs to the Jatav caste or does she continue to remain a member of the Rana Rajput caste.

(2.) This question has arisen because of an election petition bearing ECP No.02/2003 having been filed by Respondent No.1 challenging the election of the Petitioner.

(3.) An election was held for the post of a Municipal Councillor in respect of a seat reserved for a Scheduled Caste woman from Ward No.20, Subhash Nagar Ward of Municipal Corporation of Delhi, Assembly Constituency No.13, Hari Nagar, New Delhi. The election was held on 27th March, 2002 and the results were published on 28th March, 2002. The Petitioner was declared elected having got 14,757 votes as against Respondent No.2 who got 13,755 votes.