SUNIL VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner is seeking declaration of the election for the post of Sarpanch Gram Panchayat Tihai, Janpad Panchayat Rampur Baghelan, District Satna to be null and void.

(2.) Learned counsel for the petitioner submitted that the seat for the post of Sarpanch of Gram Panchayat Tihai, Janpad Panchayat Rampur Baghelan, District Satna, was reserved for SC category but the respondent No.5 is being an OBC category had filed the nomination form for the election. In this regard, the petitioner has filed an objection before the respondent No.3 on 12/7/2022 (Annexure P/3), but no action whatsoever has been taken by the respondent No.3 to decide the objection. In these circumstances, direction may be issued to respondent No.3 to decide the same in accordance with law at the earliest.

(3.) Constitutional amendment has been brought in the Constitution incorporating Sec. 243-O of the Constitution of India, relevant provisions whereof reads as under:-