S.THANGARAJ Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed for the issuance of a writ of Certiorarified Mandamus calling for the records of the fourth respondent pertaining to the election to the post of "Bandahalli Panchayat President" of Nallampalli Panchayat Union and quash the same and consequently direct the first respondent to fourth respondent to declare the petitioner as the successful candidate in the elections held for the post of "Bandahalli Panchayat President" of Nallampalli Panchayat Union

(2.) The specific case of the petitioner is that the fifth respondent has filed his nomination without a community certificate for participating in the elections for the Village Panchayat President Post in respect of Bandahalli Panchayat President of Nallampalli Panchayat Union which is a reserved constituency for the persons belonging to Scheduled Tribe Community.

(3.) It is submitted that the fifth respondent belongs to a Most Backward Class Community (MBC) but masqueraded and has filed a nomination, as if the fifth respondent belongs to the "Kurumans" Community which is a notified "Scheduled Tribe" community under the Constitution of India.