ASHOK KUMAR RAWAT Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER by this petition has challenged the notification, Annexure P-1 issued under the provisions of Rule 22 of the Panchayat (Up-Sar-panch, President and Vice-President) Nirvachan Niyam, 1995 by which the respondent No. 6 has been declared elected to the post of Vice-President in the reserved category of Scheduled Tribe.

(2.) IT is the case of the petitioner that respondent No. 6 is Sapera by caste and according to the Presidential notification issued under Article 342 of the Constitution of India. Sapera comes within the Scheduled Caste and not under the Scheduled Tribe. It is also the case of the petitioner that under the Constitution Scheduled Tribes Order, 1950, Sapera has been entered in the category of Scheduled Caste person and the respondent No. 6 is not a Scheduled Tribe person. Accordingly, he is not entitled to be appointed to the post of Vice-President in a seat reserved for Scheduled Tribe candidate.

(3.) THE respondents have filed return and it is submitted that respondent No. 6 is a member of the Scheduled Tribe and in support thereof, they have placed reliance on certain notifications issued under Section 165 of the Madhya Pradesh Land Revenue Code.