RASHIDABI Vs. LAXMIBAI BABASAHEB BHALEKAR

JUDGEMENT

(1.) RULE is made returnable forthwith. In this Writ Petition the petitioner challenges the order made on 30-1-1996 passed by the learned civil Judge, SD, Jalna, allowing the election petition and declaring that the election of the petitioner from Ward No. 2 of village Gram panchayat of Paradgaon from reserved seat of OBC (Woman) was invalid and further declaring the respondent as returned candidate from the said reserved seat by way of amending the result.

(2.) THE respondent No. 1 filed the election petition No. 2 of 1995 in the court of Civil judge, JD, Ambad, inter alia challenging the election of the petitioner for woman seat belonging to OBC. The only ground raised by the respondent No. 1 was that the petitioner though belongs to Qureshi Khatik community, it is not included in OBC category. It is in SC category. The Petitioner was, therefore, not entitled to contest the said election for the seat reserved for OBC category.

(3.) THE Petitioner contested the election-petition by filing the Written Statement and though admitted that she belongs to Qureshi Khatik community never denied that community falls under the SC category as asserted by the respondent No. 1. She vaguely stated that she has produced the certificate showing that she belongs to Qureshi khatik community. According to her, it was shown as OBC candidate in the nomination Paper.