PAHALWAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER, by this petition has called in question the tenability of the order Annexure P-1 passed by the Returning Officer whereby the objection with regard to the acceptance of the nomination paper of respondent No. 4 for contesting the election to the post of Member of Janpad Panchayat has been accepted.

(2.) IT is the case of the petitioner that the post was reserved for a candidate belonging to other backward classes. Nomination paper submitted by respondent No. 4 discloses that his caste was Sikh Harijan Keer. According to the notification issued by the State Government vide Annexure P-5 Sikh Harijan had been deleted from the category of OBC, accordingly, it is averred that respondent No. 4 was not entitled to contest the election.

(3.) THIS Court by order dated 18-2-2000 had issued notices and stayed issuance of the notification of the election as required under Rule 90 of the Madhya Pradesh Panchayat Nirvachan Niyam, 1995 (hereinafter referred to as 'election Rules' ). Learned Senior Advocate appearing for the petitioner vehemently submitted that respondent No. 4 is a Sikh Harijan and Sikh Harijan having been deleted from the category of OBC vide Annexure P-5, acceptance of his nomination was per se illegal and he was disqualified from contesting the election, it is also submitted by him that earlier also petitioner had filed Writ Petition No. 87/2000 challenging the impugned order of acceptance of nomination of respondent No. 4 and this Court vide order dated 21-1-2000 (Annexure P-8) had directed the Returning Officer to decide the objection before polling commences. In spite of the order of this Court, without considering the same, the impugned order was passed on 29-1-2000.