SHARDA BAI Vs. STATE OF M P

JUDGEMENT

(1.) Challenging the order passed by the S.D.O. exercising power in a proceedings held under Sec. 122 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 vide order dated 8/11/10 setting aside the election of the petitioner on the post of 'Sarpanch' of Gram Panchayat Torniya, Tahsil Harsud, Distt. Khandwa, petitioner has filed this writ petition.

(2.) Petitioner was a candidate who had participated in the election conducted in the year 2010 for the post of 'Sarpanch'. The post in question was reserved for a woman Scheduled Tribe candidate and the petitioner submitted her nomination for the said seat. In the statutory form prescribed under Rule 31 of the M.P. Panchayat Nirvachan Niyam 1995 and form 4-B thereto, in the form submitted, petitioner made a declaration to the effect that she is a scheduled tribe person belonging to the caste Bhunjiya. Even though, Smt. Asha Bai raised an objection with regard to caste of the petitioner, the returning officer rejected the same. Petitioner's nomination was accepted. The election was conducted and petitioner was declared elected as a 'Sarpanch' of the Gram Panchayat.

(3.) Challenge to the election was made in a proceeding held under Sec. 122 as indicated herein above and in this proceeding held, the impugned order has been passed declaring the election of the petitioner as null and void only on the ground that in support of her contention that she belongs to the scheduled tribe community, petitioner has not submitted any caste certificate issued by the competent authority.