FAGGU RAM Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER in this petition assails the election of respondent No.3 Shri Venkat Nishad as Member of Janpad Panchayat from ward No. 16 of Janpad Panchayat, Katni.

(2.) THE facts shorn of details indicate that election was held in February, 2002 for the members of Janpad Panchayat for various wards. Respondent No.3 Shri Venkat Nishad contested for membership from Ward No. 16 of Janpad Panchayat, Katni and was elected as OBC candidate. He has been later on elected as Vice -President of the Janpad Panchayat and is holding the post at present. Petitioner is resident of Ward No. 16 which was reserved for OBC community as per the notification P -2 issued by the District Election Officer. Petitioner submits that respondent No.3 belongs to the category of the scheduled Tribe in the State of M.P. Because he is by caste "Manjhi". Petitioner alleges that respondent No.3 Shri Venkat Nishad had purchased the land from one Shri Halke Singh Gond who is also a Scheduled Tribe as per sale deed P -4 wherein surname of respondent No. 3 and his father are mentioned as "Manjhi". Vijay Nishad, brother of respondent No.3, has obtained employment in Janpad Panchayat by declaring himself as Scheduled Tribe as per caste certificate P -5. Thus, the petitioner submits that respondent No.3 Shri venkat Nishad belongs to Scheduled Tribe he had no right to contest the election from Ward No. 16 which was reserved for the OBC. He has no right to sit in the meeting of Janpad panchayat as a Member and the Vice -President, therefore, a writ in the nature of quo warranto be issued as respondent No.3 has no authority to sit and participate in the meeting of Janpad Panchayat.

(3.) RESPONDENT No.2 President -Janpad Panchayat, Katni in the return contends that respondent No. 3 Shri Venkat Nishad suffers disqualification from being elected as member and his subsequent election as Vice -President is bad in law. The caste of respondent No. 3 is "Manjhi", thus, he has no right to continue as Member of Janpad Panchayat and consequently as Vice -President. Certain documents have also been filed recording the name on the basis of the sale deeds in the revenue papers.